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HomeMy WebLinkAboutItem 6.2 Vesting Tentative Maps �f ( 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 25, 1985 SUBJECT: Subdivision Ordinance Amendment Regarding Vesting Tentative Maps EXHIBITS ATTACHED: A - Draft Ordinance Regarding Vesting Tentative Maps Background Attachments 1 - League of California Cities Implementation Information 2 - Senate Bill 1660, Chapter 1113, 1984 statutes RECOMMENDATION: 1. Open public hearing and hear Staff presentation 2 . Take testimony from public 3 . Question Staff and public 4 . Close public hearing and deliberate 5 . Waive reading and introduce ordinance regarding Vesting Tentative Maps FINANCIAL STATEMENT: None. DESCRIPTION: The State Subdivision Map Act has been amended to create a new form of tentative subdivision map called a "Vesting Tentative Map" . When a Vesting Tentative Map* is approved, the developer gains "vested rights" to complete the development in substantial compliance with the local ordinances, policies, and standards that were in effect when the complete application was submitted. The vested rights extend for a substantial length of time. They add a critical new consideration to the City' s development process . Prior to the new law, vested rights to build out a project would occur only if, 1) the developer had completed substantial building construction in conformance with a valid building permit, or 2 ) the developer and local government entered into a "development agreement" . A conventional tentative map approval did not grant vested rights . The local government could amend the General Plan and zoning on the property. Development on the property would then need to conform with the amended zoning unless substantial building construction had taken place or a development agreement was in effect. Under a Vesting Tentative Map, the developer would gain vested rights at the time of approvel of the Vesting Tentative Map and those vested rights can last from 4 years to 9 3/4 years as set forth in the draft ordinance and with discretionary time extentions . ----------------------------------------------------------------- ITEM NO. 0 COPIES TO: The time frame of the vested rights set forth in the draft ordinance are as follows : Minimum time / Maximum time a. ' Vesting Tentative Map, original 2 yrs . / 22 yrs . b. Vesting Tentative Map, extension 0 / 3 " C . Application for building permit after Final Map recorded 1 yr. / 1 yr. d. Application for building permits, extention 0 yrs . / 1 " e . Building Permit, original depending on valuation 1 yr . / 2 yrs. f . Building Permit, extention 0 yrs . / ; " TOTAL TIME = Min. 4 yrs . / Max. 9 3/4 yrs . During the time that the vested rights are valid, the developer would have the right to develop the property as originally approved even if the City amends the General Plan and the zoning on the property. • The new law gives the developer the option of applying for either a conventional tentative map or a Vesting Tentative Map. The new law requires the City to establish implementing procedures prior to January 1, 1986, without much discretion regarding its contents . The City has the following options : 1) Application for building permit after a Final Map is recorded. The City has the option of giving a developer one or two years to apply for a building permit after the Final Map is recorded. Staff recommends that the City Council give a developer one year as sufficient time to apply for the building permit after the Final Map is recorded. 2 ) Information needed to determine impact of the project. The City may require other land use approvals, such as a rezoning or site development review, before processing a Vesting Tentative Map. The City may also require detailed information needed to determine the impact of the project over a period of years . Staff recommends requiring other land use approvals and detailed information before processing a Vesting Tentative Map so that the City will know the details of the project before granting the long term vested rights . Staff recommends that the City Council waive the reading and introduce the draft ordinance regarding Vesting Tentative Maps . ----------------------------------------------------------------- ITEM NO. COPIES TO: run s 1%IT IAr UtHlbl ORDINANCE NO. 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) "All 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 . -1- (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 ) P.rior 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. -2- 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 : 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 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 . -3- 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 the 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-Valley 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 day of 1985 , by the following votes : AYES : NOES : ABSENT: Mayor ATTEST: City Clerk -4- 7. League of California Cities S 1400 K Street•Sacramento 95814-(916)444.5790 hilAuHmtNT I California Cities Count ySuperrisorsib Work Together Assoeiation of California IMPLEMENTATION INFORMATION ON SB 1660 (Montoya) THE "VESTED RIGHTS" BILL, Chap. 1113, 1984 Statutes February 1985 Senate Bill 1660 (Montoya),Chapter 1113 of the 1984 Statutes, was enacted by the Legislature in 1984, and becomes effective January 1, 1986. The bill creates a new form of tentative subdivision map, called a "vesting tentative map," which, when approved, guarantees a developer that he or she will be able to proceed with development in accordance with that approval. This paper addresses the most common questions of local officials about SB 1660. All references are to the California Government Code unless otherwise noted. The bill amends Sections 66424.5, 66428, 66452, 66452.6 and 66463.5, and adds Sections 66418.1 and 66498.1 through 66498.8. 1. UESTION: TO WHAT KINDS OF DEVELOPMENTS DOES THE "VESTING TENTATIVE MAP" LAW APPLY? ANSWER: Residential developments only (Government Code Sec. 66498.7). f 2. UESTION: BY WHAT DATE MUST WE COMPLY WITH THIS NEW LAW? ANSWER: You must comply with this law by January 1, 1986, but you may do so sooner Sec. 66498.8 and uncodified Sec. 10 of the bill). f3. QUESTION: WHAT IS A "VESTING TENTATIVE MAP," AND DOES ONE OF THESE MAPS LOOK ANY DIFFERENT FROM AN ORDINARY TENTATIVE MAP? ANSWER: A "vesting tentative map" is basically the same as an ordinary tentative map. The only i difference the state law requires is that when one of these "vesting" maps is filed with { the city or county, the map must have conspicuously printed on its face the words "vesting tentative map" (Secs. 66424.5 and 66452). 4. UESTION: HOW DOES THIS BILL AFFECT CITIES' AND COUNTIES' POWERS TO REGULATE UBDIVISIONS? ANSWER: Not at all, up to the time the map is approved Ior denied. -What the bill limits is the ability to change conditions after that point. 5. UESTION: DO THE CHANGES MADE BY SB 1660 AFFECT ORDINARY TENTATIVE MAPS? ANSWER: No. It is an alternative procedure. 6. QUESTION: IS THERE ANY DIFFERENCE IN THE PROCESSING OF THESE MAPS AND ORDINARY TENTATIVE MAPS? ANSWER: That depends on your local ordinandes. I Government Code Section 66411, whicK t e bill does not amend, vests control of the design and improvement of subdivisions in councils and boards of supervisors. Sec. 66452, as amended by the bill, provides that "vesting tentative maps" are to be processed the I same as tentative maps, except as otherwise provided by state law or local ordinance. 7. QUESTION: PRIOR TO APPROVING A VESTING MAP, CAN WE REQUIRE A DEVELOPER To SUPPLY THE CITY WITH MORE DETAILS ON A DEVELOPMENT THAN WE DO ON AN ORDINARY MAP? ANSWER: Yes, if your local ordinance so requires or permits. I S. QUESTION: WHAT DETAILS MIGHT 1 CONSIDER REQUIRING THE DEVELOPER TO SUPPLY PRIOR TO APPROVAL OF A "VESTING" MAP? ANSWER: Because the rights conferred by this process last for a lengthy period of time, and because subsequent approvals must be consistent with the map as approved, you may wish to change the timing of the processing, so that most or all discretionary approvals occur before or simultaneously with map approval. Consequently, you may wish to consider requiring the developer to supply with the map information that your city or county needs to determine the impact of the project on your city or county over a period of years, such as: - 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 - any other studies your city has normally deferred to the building permit stage. 9. QUESTION: WHEN SHOULD DESIGN REVIEW OCCUR FOR A "VESTING" MAP PROJECT? ANSWER: You may wish to consider doing design review simultaneously with or. prior to review of the map. Your city or county should probably review the order in which this and other discretionary approvals occur, and change the order so that some discretionary approvals are processed with, or prior to, the map so that when the map is approved, the details of the project are known. 10. UE4 STION: WHAT RIGHTS DOES THIS BILL GIVE A DEVELOPER THAT THE DEVELOPER DOES NOT HAVE UNDER CURRENT LAW? ANSWER: Under the bill, once the "vesting" map is approved, the developer may generally proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the developer filed a complete application with the city or county. Exceptions are made where proceeding with the development would (a) endanger public health or safety, or (b) violate state or federal law (Government Code Secs. 66474.2, 66498.1, 66498.6). 11. QUESTION: IF THE CITY OR COUNTY APPROVED A "VESTING" MAP, IN WHAT CIRCUMSTANCES CAN THE COUNTY OR CITY DENY A FINAL MAP OR A BUILDING PERMIT? ANSWER: Only when it must do so to protect public health or safety or to comply with state or federal law (Secs. 66498.1, 66498.6). 12. QUESTION: CAN A CITY OR COUNTY DENY APPROVAL OF A TENTATIVE "VESTING" MAP SOLELY ON THE GROUND THAT THE MAP I5 A "VESTING" MAP? ANSWER: Probably not. 13. UESTION: HOW LONG DOES THE "VESTING" CONTINUE ONCE THE TENTATIVE MAP 15 APPROVED? ANSWER: The "vesting" rights last until a final map is recorded, plus one to three years plus the life of the building permit. Depending on local ordinances, extensions, and processing time, this means 3-1/2 to 10 years (plus any time during which moratoria are in effect or lawsuits are pending), based on the following schedules: a) All tentative maps, including "vesting" maps last from two to six years, depending on local ordinances and extensions (Sec. 66452.6); plus b) depending on local ordinances, the developer has either one or two years after the final map is recorded to apply for a building permit, and the county or city may extend that for one more year to a total of three years, (Sec. 66452.6(g)); and c) if the developer has filed a complete application for a building permit, the right continues through the life of the building permit (usually six months), plus any extensions the city gives on the building permit, plus processing time for architectural review or grading permits, if the time for processing those permits exceeds 30 days (Sec. 66452.6(h)). 14. QUESTION: WHAT HAPPENS IF A DEVELOPER LETS ONE OF THESE TIME PERIODS EXPIRE? ANSWER: The developer is then treated the same as if he or she were an ordinary applicant without the rights given by the "vesting" map (Sec. 66498.1). 15. QUESTION: HOW DO THE TIME PERIODS DESCRIBED IN QUESTION 13 APPLY TO PHASED DEVELOPMENTS? ANSWER: The time periods that run after a final map is recorded commence on each p Fse wFen the final map for that phase is recorded (Sec. 66452.6(g)). 16. QUESTION: SECTION 66498.3 PROVIDES THAT A COUNCIL OR BOARD OF SUPERVISORS MAY CONDITIONALLY APPROVE A "VESTING" MAP THAT IS INCONSISTENT WITH LOCAL ZONING, AND MAKE THE MAP APPROVAL CONTINGENT UPON THE REZONING OCCURRING. HOW DOES THIS AFFECT OUR CURRENT PRACTICES? ANSWER: Probably not at all. A few jurisdictions process maps that are inconsistent with zoning, conditioning approval of the map on a later rezoning. This provision was inserted to accommodate those jurisdictions. 17. QUESTION: OUR CITY i7OUNCIL OR BOARD OF SUPERVISORS HAS DELEGATED APPROVAL OF MAPS TO OUR PLANNING COMMISSION (OR SUBDIVISION REVIEW COMMITTEE), BUT ZONING ORDINANCES MUST BE APPROVED BY THE BOARD OF SUPERVISORS OR COUNCIL. WILL THIS BILL REQUIRE US TO CHANGE THAT PROCEDURE? ANSWER: No. But since you may be using a different procedure to process "vesting" maps, you may wish to consider whether the council or board wishes to not delegate approval of "vesting" maps. 18. QUESTION: HOW DOES THIS LAW RELATE TO THE DEVELOPMENT AGREEMENT LAW? ANSWER: This bill was conceived as an alternative to development agreements, primarily for smaller projects. Because it is not a contract, local agencies will have less discretion to deny applications or extract concessions from developers. Also, unlike a development agreement, a vesting map is not referendable. 19. QUESTION: CAN WE REQUIRE A DEVELOPER TO ENTER INTO A DEVELOPMENT AGREEMENT AS A CONDITION OF APPROVAL OF A "VESTING" MAP? ANSWER: Probably not. 20. QUESTION: WE HAVE HAD TO CHANGE OUR DEVELOPMENT STANDARDS TO COMPLY WITH CHANGES IN STATE OR FEDERAL LAW. IF WE HAVE TO DO THIS able to require redesign, or you may need to stop the project (Secs. 66498.1(c), and 66498.6(b)). 21. QUESTION: THIS IS A STATE-MANDATED COST. HOW DO WE PAY FOR IT? ANSWER: New Sec. 66498.8, and uncodified Sec. 11 of the bill specifically authorize cities and counties to charge developers who file "vesting" maps an amount sufficient to cover the cost of enacting a local ordinance, so you may wish to determine those costs, and to work out reimbursement either with your local builders' association or with the first several builders who apply for "vesting" maps. 22. QUESTION: UNDER CURRENT LAW (GOVERNMENT CODE SECTIONS 65925 and, 65940 et seq.) OUR COUNTY OR CITY MUST SUPPLY DEVELOPERS WITH INFORMATION DESCRIBING WHAT IS NEEDED TO FILE A COMPLETE APPLICATION FOR DEVELOPMENT, AND MUST INFORM A DEVELOPER WITHIN 30 DAYS AFTER AN APPLICATION IS FILED WHETHER THAT APPLICATION IS COMPLETE. HOW DOES THIS BILL AFFECT THAT LAW? ANSWER: It does not, but you may need to update your local lists if you require more information for a "vesting map." 23. UESTION: NEW GOVERNMENT CODE SECTIONS 66452.6(g) and (h) PROVIDE THAT A DEVELOPER KEEPS THE RIGHTS CONFERRED BY A "VESTING" MAP IF HE OR SHE FILES A "COMPLETE" APPLICATION FOR A BUILDING PERMIT WITHIN A CERTAIN TIME PERIOD AFTER THE FINAL MAP IS APPROVED, AND THE DEVELOPER'S RIGHTS REMAIN FIXED WHILE THAT PERMIT IS BEING PROCESSED. HOW DO WE DETERMINE WHETHER AN APPLICATION FOR A BUILDING PERMIT IS "COMPLETE"? ANSWER: State law does not usually require counties or cities to list what is required for a wilding permit to be complete. You may wish to review your city's or county's current building permit application requirements and prepare a list of the requirements, to be used for reference by both your staff and by applicants. 24. QUESTION: SECTIONS 66498.2 and 66498.4 AUTHORIZE A DEVELOPER TO APPLY FOR AN AMENDMENT TO A "VESTING" MAP BEFORE THE "VESTING" RIGHTS EXPIRE, AND AUTHORIZE A LOCAL AGENCY TO GRANT OR DENY THOSE CHANGES. WHAT CONDITIONS MAY WE ATTACH TO SUCH AN APPLICATION? ANSWER: You may wish to provide local standards and procedures for processing such applica ns, perhaps distinguishing between substantial and insubstantial changes, and specifying whether such changes lengthen or do not lengthen the vesting period. 25. QUESTION: THE FEES WE CHARGE DEVELOPERS CHANGE FROM TIME TO TIME, BOTH IN NATURE AND AMOUNT. CAN WE APPROVE THE MAP IN A WAY THAT WILL ALLOW US TO CHANGE THE FEES IN EFFECT AT THE TIME A BUILDING PERMIT IS ISSUED, RATHER THAN WHEN THE MAP IS APPROVED? ANSWER: That depends. With regard to the amount of a particular fee, the map approval an probably contain a condition that the amount of the fee is to be determined at the building permit stage. However, new fees probably cannot be added at the building permit stage except for public health or safety reasons or to comply with state or federal law (Secs. 66498.1(c) and 66498.6). f CHAPTER 1113 434 1984 REG. SESSION CHAPTER 1113 (Senate Bill No. 1660) An act to amend Sections 66424.5, 66428, 66452, 66452.6, and 66463.5 of, to add Section 66418.1 to, and to add Chapter 4.5 (commencing with Section 66498.1) to Division 2 of Title 7 of, the Government Code, relating to subdivisions. (Approved by Governor September 13. 1984.Filed with Secretary of State September 13. 1984.) LEGISLATIVE COUNSEL'S DIGEST SB 1660, Montoya. Subdivisions: vesting tentative maps. (l) Under existing law, as prescribed by the Subdivision Map Act, a tentative subdivision map is required to be submitted for approval to the city or county in which the subdivision would be located. A tentative map is made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it, but need not be based upon an accurate or detailed final survey of the property. Under existing law, a city or county may approve or disapprove a tentative subdivision map or may approve the map subject to compliance with conditions which the city or county imposes. This bill would permit a vesting tentative map, as defined, to be filed whenever the existing subdivision map requires a tentative map to be filed. Under existing law, a parcel map is required for certain divisions of land, as described, for which a tentative and final subdivision map are not required. Procedures for the filing, processing, approval, conditional approval, or disapproval of parcel maps, are governed by local ordinances. This bill would make it optional for a subdivider to file a vesting tentative subdivision map, as defined, where the Subdivision Map Act otherwise requires a parcel map. In so doing, the bill would impose a state-mandated local program by necessitating the processing of vesting tentative maps by a city or county in accordance with statutorily prescribed procedures.. This bill would specify that when a local agency approves or conditionally approves a vesting tentative map that approval would confer a vested right to proceed with development in substantial compliance with specified ordinances, policies, and standards. This bill would permit the property owner, or his or her designee, to seek approvals or permits from the city or county for development which departs from those specified ordinances, policies, and standards and a city or county could grant the requested approvals or permits to the extent that the requested departure was authorized under applicable law. The filing of a vesting tentative map would not be a prerequisite to approval of any proposed subdivision or for permits for construc- tion or for work preparatory to construction. (2) Existing law provides for the expiration of an approved or conditionally approved tentative map 24 months after its approval, or after such additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months. This bill would specify that the rights conferred by the approval of a vesting tentative map last for an initial period of time provided by ordinance, which shall not be less than one year or more than 2 years, with an automatic extension of that time under certain circumstances. AliACHMENT t 1 I 1984 REG. SESSION 435 CHAPTER 1113 SEC.4 (3) Existing law specifies the period of time for which an approved or condition. ally approved tentative subdivision map remains valid. This bill would conform another provision to the time periods presently specified. (4) The bill would become operative January 1, 1986, except for a provision .Which would require a local agency to establish procedures necessary for the I implementation of the above provisions. That provision would become operative January 1, 1985, and would also impose a state-mandated local program by requiring a local agency to adopt those procedures. (5) Article XIII B of the California Constitution and Sections 2231 and 2234 of the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. However, this bill would provide that no appropriation is made and no reim- bursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. By this enactment, the Legislature intends to accomplish all of the I following objectives: (a) To establish a procedure for the approval of tentative maps that will provide certain statutorily vested rights to a subdivider. (b) To ensure that local requirements governing the development of a proposed rjbdivision are established in accordance with Section 66498.1 of the Government Code when a local agency approves or conditionally approves a vesting tentative map. The private sector should be able to rely upon an approved vesting tentative map prior to expending resources and incurring liabilities without the risk of having the project frustrated by subsequent action by the approving local agency, provided the time periods established by this enactment have not elapsed. (c) To ensure that local agencies have maximum discretion, consistent with Section 66498.1 of the Government Code, in the imposition of conditions on any approvals occurring subsequent to the approval or conditional approval of the vesting tentative map, so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision. SEC. 2. Section 66418.1 is added to the Government Code, to read: § 66418.1. "Development" means the uses to which the land which is the subject I of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto. SEC. 3. Section 66424.5 of the Government Code is amended to read: I 166424.5. (a) 'Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. (b) "Vesting tentative map" refers to a map which meets the requirements of subdivision (a) and Section 66452. SEC. 4. Section 66428 of the Government Code is amended to read: 166423. Local ordinances may require a tentative map where a parcel map is required by this chapter. A parcel map shall be required for subdivisions as to which a final or parcel map is not otherwise required by this chapter, unless the preparation of such parcel map is waived by local ordinance as provided in this CHAPTER 1113 436 1984 REG. SESSION SEC.t section. A parcel map shall not be required for: (1) subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing), or (2) land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of- way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map. A local agency shall, by ordinance, provide a procedure for waiving the require- ment for a parcel map, imposed by this division, including the requirements for a parcel map imposed by Section 66426. The procedure may include provisions for waiving the requirement for a tentative and final map for the construction of a condominium project on a single parcel. The ordinance shall require a finding by the legislative body or advisory agency, that the proposed division of land complies with such requirements as may have been established by this division or local ordinance enacted pursuant thereto as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division or local ordinance enacted pursuant thereto. In any case, where the requirement for a parcel map is waived by local ordinance pursuant to provisions of this section,,& tentative map may be required by local ordinance. If a local ordinance does not require a tentative map where a parcel map is required by this division, the subdivider shall have the option of submitting a tentative map or if he or she desires to obtain the rights conferred by Chapter 4.5 (commencing with Section 66498.1), a vesting tentative map. SEC. S. Section 66452 of the Government Code is amended to read: J 66452. (a) A tentative map shall be filed with the_clerk of the advisory agency or, if there is no advisory agency, with the clerk of the legislative body, or with any other officer or employee of the local agency as may be designated by local ordinance. (b) A vesting tentative map shall be filed and processed in the same manner as a tentative map except as otherwise provided by this division or by a local ordinance adopted pursuant to this division. (c) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." SEC. 6. Section 66452.6 of the Government Code is amended to read: J 66452.6. (a) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after such additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months. • (b) The period of time specified in subdivision (a) shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the local agency pursuant to this section. I - willssomm- 1984 REG. SESSION 437 CHAPTER 1113 SEC.7 Within 10 days of the service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body pursuant to Section 66457 without first processing a new tentative map. Once a timely filing is made pursuant to Section 66457, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. (e) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the legislative body or by an advisory agency autho- rized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of three years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (I) For purposes of this section, a development moratorium shall include a water or sewer moratorium or a water and sewer moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land, other than the public agency with the authority to approve or condition- ally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. (g) The rights conferred by a vesting tentative map as provided by Chapter 4.5, (commencing with Section 66498.1) shall last for an initial time period as provided by ordinance but shall not be less than one year or more than two years beyond the recording of the final map . Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one year initial time period shall begin for each phase when the final map for that phase is recorded. The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review, if the time used by the local agency to process the application exceeds 30 days, from the date that a complete application is filed. Any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the legislative body within 15 days. (h) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision (g), the rights conferred by Chapter 4.5 (commencing with Section 66498.1) shall continue until the expiration of that permit, or any extension of that permit granted by the local agency. SEC. 7. Section 66463.5 of the Government Code is amended to read: 66463.5. (a) When a tentative map is required, an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months. (b) The expiration of the approved or conditionally approved tentative map shall terminate. all proceedings and no parcel map of all or any portion of the real CHAPTER 1113 438 1984 REG. SESSION, SEC.7 property included within the tentative map shall be filed without first processing a new tentative map. (c) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the legislative body or by an advisory agency autho- rized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of three years. if the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (d) The period of time specified in subdivision (a) shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (e) The period of time specified in subdivision (a) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the local agency pursuant to this section. Within 10 days of the service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (f) For purposes of this section, a development moratorium shall include a water or sewer moratorium or a water and sewer moratorium,as well as other actions of public agencies which regulate land use, development, or the provision of services to the land, other than the public agency with the authority to approve or condition- ally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a parcel map. (g) Notwithstanding subdivisions (a), (b), and (c), for the purposes of Chapter 4.5 (commencing with Section 66498.1), subdivisions (g) and (h) of Section 66452.6 shall apply to vesting tentative maps prepared in connection with a parcel map except that, for purposes of this section, the time periods specified in subdivisions (g) and (h) of Section 66452.6 shall be determined from the recordation of the parcel map instead of the final map. SEC. 8. Chapter 4.5 (commencing with Section 66498.1) is added to Division 2 of Title 7 of the Government Code, to read: CHAPTER 4.5 Development Rights §66498.1. (a) Whenever a provision of this division requires that a tentative map be filed, a vesting tentative map may instead be filed. (b) When a local agency approves or conditionally approves a vesting tentative trap, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2. However, if Section 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the 1984 REG. SESSION 439 CHAPTER 1113 SEC.e ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (c) Notwithstanding subdivision (a), the local agency may condition or deny a permit, approval, extension, or entitlement if it determines any of the following: (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. (d) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth in subdivisions (g) and (h) of Section 66452.6. §66498.2. Any time prior to the expiration of the vesting tentative map pursuant to subdivisions (g) and (h) of Section 66452.6 or subdivision (g) of Section 66463.5 the subdivider, or his or her assignee, may apply for an amendment to the vesting tentative map. § 66498.3. (a) Whenever a subdivider files a vesting tentative map for a subdivi- sion whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The local agency may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the 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 Section 66498.1, 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 subdivisions (g) and (h) of Section 66452.6. §66498.4. Notwithstanding any provision of this chapter, 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 subdivision (a) of Section 66498.1 and Section 66498.3, and local agencies may grant these approvals or issue these permits to the extent that the departures arc authorized under applicable law. §66498.5. If a subdivider does not seek the rights conferred by this chapter, 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. § 66498.6. (a) This chapter does not cnlarge, diminish, or alter the types of conditions which may be imposed by a local agency on a development, nor in any way diminish or alter the power of local agencies to protect against a condition dangerous to the public health or safety. (b) The rights conferred by this chapter shall relate only to the imposition by local agencies of conditions or requirements created and imposed by local ordi- nances. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies and does not grant local agencies the option to disregard any state or federal laws, regulations, or policies. §66498.7. This chapter applies only to residential developments. §66498.8. (a) On or before January 1, 1986, every local agency shall establish procedures, by ordinance or resolution, necessary for the implementation of this chapter. i CHAPTER 1113 440 1984 REG. SESSION SEC.S (b) The local agency may charge subdividers who file vesting tentative maps a fee in an amount sufficient to recover the direct costs associated with establishing and adopting those procedures. (c) This section shall become operative January 1, 1985. SEC. 10. Sections 1 to 9, inclusive, of this act shall become operative January 1, 1986, except Section 66498.8 of the Government Code, which shall become operative January 1. 1985. SEC. 11. No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution or Section 2231 or 2234 of the Revenue and Taxation Code because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service )mandated by this act. EXPLANATORY NOTES CH 1111 Gov C 1 66424.5.(1)Designated the former section to be subd(a);and(2)added subd(b). Gov C §66428. (1) Substituted "(1)" and "(2)" for "(a)" and "(b)" in the last sentence of the first paragraph;and(2)added the third paragraph. Gov C 1 66452. (1)Designated the former section to be subd(a);(2)substituted "advisory"for"such" after"there is no'; (3) substituted "any" for "such"after ", or with'; and (4) added subds(b)and (4 Gov C 1 66452.6.Added subds(g)and(h). Gov C f 66463.5.(1)Generally eliminated—such';and(2)added subds(d)-(g). d 1