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HomeMy WebLinkAboutItem 6.2 Amend Ord Regarding Vesting Tentative Map CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: December 9 , 1985 SUBJECT: PUBLIC HEARING Subdivision Ordinance Amendment Regarding Vesting Tentative Maps EXHIBITS ATTACHED: A - Draft Ordinance Regarding Vesting Tentative Maps Background Attachment 1 ) November 25 , 1985 , City Council Agenda Statement, without attachments RECOMMENDATION: 1,) Open Public Hearing and hear Staff presentation ' 2 ) Take testimony from the public 3 ) Question Staff and the public 4 ) Close Public Hearing and deliberate 5 ) Waive second reading and adopt Ordinance FINANCIAL STATEMENT: None . DESCRIPTION: On November 25 , 1985 , the City Council introduced an Ordinance amending the Subdivision Ordinance regarding vesting tentative maps . The Ordinance establishes implementing procedures for processing vesting tentative maps . State Law requires the City to establish the procedures before January 1 , 1986 . 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. Staff recommends that the City Council waive the second reading and adopt the Ordinance ( Exhibit A) . ----------------------------------------------------------------- ITEM NO. COPIES TO: EXHIBIT- 4sc 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 ) 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. -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- 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 I 2 . Take testimony from public 3 . Question Staff and public ' l 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 . ARACHMENT I -------- --------- ---------------------------------------------- ITEM NO. 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 . e. Building Permit, original depending on valuation 1 yr. / 2 yrs . f . Building Permit, extention 0 yrs . / 4 " 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: