HomeMy WebLinkAboutItem 6.1 RevMuniCdOrdChapt9.40 (2)
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CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: April 10, 1995
SUBJECT: Public Hearing: Ordinance of the City of Dublin
Revising Chapter 9.40 of Title 9, Subdivisions, of the
Municipal Code to permit Vesting Tentative Maps to be
allowed for residential and non-residential developments
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REPORT PREPARED BY: Dennis Carrington, Senior Planner
EXHIBITS ATTACHED:
Exhibit A:
Draft Ordinance
RECOMMENDATION: ^___ 1)
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4)
Open public hearing and hear staff presentation
Take testimony from the public
Question Staff and the pUblic
Waive reading and Introduce Ordinance revising
Chapter 9.40 of Title 9, Subdivisions, of the
Municipal Code to permit Vesting Tentative
Maps to be allowed for residential and non-
residential developments (Exhibit A).
Continue the public hearing to April 24, 1995, at
7:00 p.m.
5)
FINANCIAL STATEMENT: This item would have no fiscal impacts.
BACKGROUND:
The City Council adopted Ordinance 1-91 on January 14, 1991, enacting the
Subdivision Ordinance. Section 9.40.030, Application, of Title 9, Subdivisions, of
the Municipal Code as adopted states that Vesting Tentative Maps shall be allowed
only for residential developments. Vesting Tentative Maps, when they are
approved, lock-in a vested right to proceed with development in substantial
compliance with the ordinances, policies, and standards in effect at the time of
approval for a period of one year after the date of the recordation of the final map.
This protects the subidivider from changes to those ordinances, policies and
standards for a period of time.
Section 66498.7 of the Government Code states in part that after January
1, 1988, subdivision ordinances may differentiate between residential and non-
residential developments in prescribing the initial time period after which the rights
conferred by a vesting tentative map shall expire. The City may therefore amend
the ordinance to approve Vesting Tentative Maps for non-residential developments.
It is recommended that the ordinance be changed to give non-residential developers
the same vesting protection that residential developers may enjoy.
The changes necessary to Section 9.40.30, Application, would be as
follows: "A. Vesting tentative maps shall be allowed effly for residential and non-
residential developments. Whenever a provision of the Subdivision Map Act, as
implemented and supplemented by this title, requires the filing of a tentative map or
tentative parcel map for a residential or non-residential development, a vesting
tentative map may instead be filed, in accordance with the provisions of this
chapter. "
Staff recommends that the City Council revise the Municipal Code to permit
Vesting Tentative Maps for residential and non-residential developments.
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ITEMNO.6..1
COPIES TO: P A File
Senior Planner
CITY CLERK
FILE~
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ORDINANCE NO. - 9 5
AN ORDINANCE OF THE CITY OF DUBLIN REVISING CHAPTER 9.40 OF TITLE 9,
SUBDIVISIONS, OF THE MUNICIPAL CODE TO PERMIT VESTING TENTATIVE MAPS
TO BE ALLOWED FOR RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENTS
The City Council of the City of Dublin does ordain as follows:
Section 1. Subdivision A of Section 9.4.030 of the Dublin Municipal Code is hereby
amended to read as follows:
9.40.030 Application.
A. Vesting tentative maps shall be allowed for residential and non-residential
developments. Whenever a provision of the Subdivision Map Act, as implemented and
supplemented by this title, requires the filing of a tentative map or tentative
parcel map for a residential or non-residential development, a vesting tentative map
may instead be filed, in accordance with the provisions of this chapter.
Section 2. Effective Date and postinq of Ordinance
This ordinance shall take effect and be in force 30 days after its adoption. The
City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 36933 of
the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 24th day of April, 1995, by the following
votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
jvestingl
ExhIit A