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HomeMy WebLinkAboutItem 6.1 PrpsdAmend2ndRdngTitle9 (2) CITY CLERK File # [--~1~~-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE' March '12, '1995 SUBJECT: Public Hearing: Proposed Amendments to Title 9 (Subdivisions) Dublin Municipal Code Second Reading Report Prepared by: Lee S. Thompson, Public Works Director of EXHIBITS ATTACHED: 1) 2) 3) Draft Ordinance Amending Certain Chapters of Title 9 of the Dublin Municipal Code Letter from Thurbon and Youngblood representing the Livermore Valley Joint Unified School District. Letter from City Attorney to Thurbon and Youngblood RECOMMENDATION: l) 2) 3) 4) s) Open Public Hearing Receive Staff presentation and public testimony Question Staff and the public Close Public Hearing and deliberate Waive reading and adopt the ordinance. FINANCIAL STATEMENT: No impact to the City. May reduce submittal costs to developers for Vesting Tentative Maps DESCRIPTION: This proposed ordinance was introduced at the February 13, 1996, meeting. There was no public comment on this issue at the February 13th meeting; however, the attorney for the Dublin Unified School District subsequently requested additional time to review the subject ordinance changes, and, on February 27th, the City Council continued the second reading of this item to the March 12th meeting. On February 27th, Staff`also received a letter from the Livermore School District (Exhibit 2) offering comments to the proposed ordinance. The City Attorney subsequently responded to the school district's comments (Exhibit 3). As of the time this report was prepared, the Dublin School District had not submitted comments regarding the proposed ordinance revisions. The City Attorney has explained to the attorneys of the two school districts that these changes are simply to bring the City's ordinance into conformance with the wording in the State Law. Changes are being proposed to two Code Sections which would affect the School District. Language is proposed to be added to Section 9.36.080 stating that a school district may mitigate overcrowding by agreeing to lease or purchase surplus or underutilized school facilities from another school district. Section 9.36.140 presently requires a school district to specify how it will use required land and/or fees to solve g:~agenmis&subdiv COPIES TO: Rod Andrade, MacKay & Somps (CELSOC) Dublin Unified School District Livermore Unified School District BIA ITEM NO. overcrowding. The proposed addition will extend the requirement for school districts to specify the use of land and/or fees in cases where there is to be an increase in the amount of land and/or fees. The City, from time to time, reviews its ordinances to determine if revisions are necessary to bring the ordinances into conformance with State Law and to meet the latest needs of the City. Title 9 of the Dublin Municipal Code relates to Subdivisions. Regulations related to these laws must also be in conformance with applicable State Laws, which are commonly referred to as the Subdivision Map Act. It is appropriate that Dublin's Subdivision Ordinance be brought up to date. Representatives from the local Chapter of the Consulting Engineers and Land Surveyors of California (CELSOC) have also brought several requested revisions to Staff's attention. To this end, the City Attorney's office has reviewed the existing ordinance and has made recommendations for appropriate revisions. The Draft Ordinance attached includes the current text in the Dublin Municipal Code. Proposed deletions are shown in ~ and additions are in bold italics. The Staff'Report outlines major changes in the ordinance. Section 9.04.050: It is proposed to add exceptions to the requirement for subdivision processing (per State Law) for operating railroad right-of-way and for land transferred to or from a governmental agency, including public utilities. It would also allow for waiver of the subdivision requirements for a lot line adjustment if no new parcels are created and the adjustment of the lot line would not create the potential for more parcels than was possible before the adjustment. Another proposed change would amend the exclusions available for Parcel Map or Final Map. This change is also addressed by current State Law. Chapter 9.06: It is proposed to add a new chapter to address environmental subdivisions which are authorized by newly enacted Government Code Section 66418.2 (AB 1287) until January 1, 2003. Environmental subdivisions will be used primarily for the purpose of providing off-site mitigation for development projects. Section 9.08.050: It is proposed to add language to allow discretion on the part of the City Engineer to determine whether or not to require preliminary grading plans, preliminary soil investigation reports or other information when a tentative map is submitted. The amendment would also add clarification regarding "will serve" letters for utility services. Section 9.20.080: It is proposed to repeal the section regarding boundary monuments compiled from recorded maps pursuant to the recommendation of CELSOC. Section 9.24.090: At the recommendation of CELSOC, modifications to the size of the lettering on maps would be made. Section 9.24.150(E): It is proposed to include the recommendation by CELSOC regarding a signature by a registered civil engineer, rather than a certification. Section 9.24.230: Certification of correction. It is proposed to repeal the existing section and replace it with a new section that provides for six (6) different types of corrections, rather than the existing two (2) types of corrections. This is consistent with the provisions in the Subdivision Map Act. Section 9.24.260: It is proposed to add a new section to designate when Parcel Mergers are not required pursuant to the Subdivision Map Act. Section 9.24.270: It is proposed to add a new section to designate when Parcel Mergers are required pursuant to the Subdivision Map Act. ' Page 2 Chapter 9.28: This Section relates to limitations on dedications of land for park and recreational purposes. At the City Council meeting on February 13, 1996, under a separate Council Agenda Item, the City Council will consider additional changes to the section on dedication for parks and recreation purposes (Quimby Act). The changes recommended as part of this revision are minor and have been added for clarification. Chapter 9.36 Sections 9.36.080 and 9.36.140: It is proposed to make minor wording changes related to provisions related to interim school facilities. Chapter 9.40: It is proposed to delete certain provisions in section 9.40.040 related to information required to be submitted to process a Vesting Tentative Map. Specifically, subdivisions (a) and (c) are proposed to be deleted. These sections required a great deal of additional information that the City Engineer considers excessive. Instead, it is proposed to add language that makes it possible for the City Engineer to require additional information if needed to carry out certain environmental determinations. This is consistent with the existing terms of the State Subdivision Map Act. Section 9.40.100: It is proposed to add this Section to allow for amendments to Vesting Tentative Maps. Staffrecommends that Council conduct a public hearing, deliberate, waive the reading and adopt the Ordinance. Page 3 ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN CHAPTERS OF TITLE 9 OF THE DUBLIN MUNICIPAL CODE RELATIVE TO SUBDMSIONS The City Council of the City of Dublin does ordain as follows: Section 1. Chapter 9.04 Section 9.04.040 Subsection B. of the Dublin Municipal Code shall be amended to read as follows: The City Engineer or his or her designated representati~,e, as specified in the Subdivision Map Act, is responsible for determining if proposed subdivisions comply with provisions of the Subdivision Map Act and this chapter, reporting whether the proposed improvements are consistent with the design and improvement standards specified or referred to in this chapter, for the inspection and ultimate approval of all such improvements, and for making recommendations on the granting of variances under Section 9.12.110. Section 2. follows: Chapter 9.04 Section 9.04.050 of the Dublin Municipal Code shall be amended to read as A. No real property, or portion thereof, shown on the latest equalized county assessment roll as a unit or contiguous units and lying wholly or partially within the City of Dublin shall be divided into two or more parcels for the purpose of sale, lease or financing, whether immediate or future, unless prior thereto a tentative map is acted upon and a final map or parcel map has been filed in accordance with the provisions of this title, except (1) for the cases of subdivision for which the advisory agency waives the requirement for filing a parcel map based on the findings: (a) that the proposed subdivision complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter; (b) that waiving the parcel map will not be materially detrimental to the public welfare; and (c) that filing of a parcel map would impose an unusual hardship to the subdivider; and (d) all adopted ultimate road fight-of-way fronting or through the parcels has been dedicated to or purchased by the city; or except (2)for cases of subdivision for either of the following: (a) The subdivision is of a pom'on of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, which is created by short-term leases (terminable by eitherparty upon thirty days' written notice); or (b) Land conveyed (including a fee interest, an easement, or a license) to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless' a showing is made in individual cases, based upon substantial evidence, that public policy necessitates a parcel map. 1 B. The City Engineer may waive the requirement of a parcel map, tentative map, or final map for a lot line adjustment provided that: (1) no additional parcels or buihling sites have been created; (2) the adjustment does not create the potential to further divide the parcels into more parcels than would have been otherwise possible; and (3) there are no resulting violations of the Dublin Municipal Coda C. t3-:. A tentative map is required but no parcel map or final map is required for the following cases of subdivision: 1. The subdivision results in parcels that each are of an area of forty (40) acres or more or are quarter-quarter sections; 2. The subdivision is for the purpose of leasing commercially or industrially zoned land for a period not exceeding five (5) years; 3.& The subdivision is for conveyance of land to a public agency or public utility, or 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. 4. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the Dublin Municipal Code or the Dublin City Council. 5. Each parcel created by the division has a gross area of twenty (20) or more acres and has approved access to a maintained public street or highway. 6. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths. 7. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision. D.C--:. No person shall sell or lease or contract to sell or lease any subdivision, or any part thereof, until a final map or parcel map thereof in full compliance with the provisions of this title has been filed in the office of the Recorder of Alameda County, except for the cases listed in subsection B of this section for which only a tentative map need be acted upon. E.t~ Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title is voidable to the extent allowable and in the same manner provided for violation of the of the Subdivision Map Act. F.E-:. Any sale, contract to sell, or deed of conveyance made contrary to the provisions of this title is a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000), or imprisonment in the county jail for a period of not more than six (6) months, or both. G.~ At such time as the Building Official becomes aware ora land division in violation of the provisions of this title, he shall record a notice of intention to record a notice of such violation in the office of the County Recorder of Alameda County, describing the land so divided, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. A copy of such notice will be mailed to the owner. The notice shall specify a time, date, and place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Building Official shall record a release-of the notice of intention to record a notice of violation. If, however, after the owner has presented evidence, the advisory agency determines that the property has in fact been illegally divided, or if within sixty (60) days of receipt of such copy the owner fails to inform the local agency of his objection to recording the notice of violation, a notice of violation shall be recorded with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index. Nothing in this section shall be deemed to require such recording as a condition precedented to the enforceability of any other provision of this chapter. H.G:. Pursuant to the request of any person owning the real property, or purchasers of the property under a contract of sale, the Planning Director and City Engineer, upon the determination that the property complies with provisions of the Subdivision Map Act and this chapter, shall record a certificate of compliance. If the property does not comply, conditions may be applied as would have been applicable to the subdivision creating the property. Upon applying such conditions, the Planning Director shall record a conditional certificate of compliance. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance ora permit or other grant of approval for development of the property. Compliance with such conditions is not required until such time as a permit or other grant of approval for development of such property is issued by the local agency. /.t~. Neither the approval nor conditional approval of any tentative map shall constitute or waive compliance with any other applicable provision of the Dublin Municipal Code, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of said code. Section 3. follows: Chapter 9.04 Section 9.04.060 of the Dublin Municipal Code shall be amended to read as All words and terms used in this title shall have the same meaning as defined in the Subdivision Map Act, except as expressly defined in this section. "Developable acreage" means the acreage that is being developed as part of the subdivision in question as shown on the approved tentative map. It shall include the areas lotted for residential uses or non-residential uses, as applicable, including streets, but does not include open space parcels such as creeks, ridgelines, and other areas not allowed to be built upon by the general plan or other city policies. "Map" means either parcel map or final map. "Subdivider" means a person, firm, corporation, partnership, or association, who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." "Vesting tentative map" means a "tentative map" for a residential or non-residential subdivision, as defined in this title, that shall have printed conspicuously on its face the words "Vested Tentative Map" at the time it is filed in accordance with Section 9.40-040, and is thereager processed in accordance with the provisions hereof. Section 4. Chapter 9.06 Environmental Subdivisions shall be added as follows: Chapter 9. 06 ENVIRONMENTAL SUBDIVISIONS Sections: 9.06.010 9. 06. 020 9. 06. O3O 9. 06. 040 9. 06. 050 Environmental Subdivision Defined Findings of Approval. Restrictions on Conditions of /tpproval. Circumstances Permitting Abandonmen~ Application Only Upon Reques~ 9. 06. O10 Environmental Subdivision De. fined "Environmental subdivision" means a subdivision of land pursuant to this chapter for biotic and wildlife purposes that meets ail of the conditions specified in section 9. 06. 020. 9. 06. 020 Finch'ngs of Approval. tn'or to approving or conditionally approving an environmental subdivision, the City shall find each of the following: A. That factual biotic or wildlife data, or both, are or will be available to the City approving the environmental subdivision to support the application for approval B. That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation. That an easement has been recorded in the count), in which the land is located to ensure compliance with the conditions specified by any local, state, or federal agency requiring the ntitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. This reservation shall be not inconsistent with the purposes of this chapter and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land D. The real property is at least twenty (20) acres in size, or it is less than twenty (20) acres in size, but is contiguous to other land that would also qualify as an environmental subdivision and the total combined acreage would be twenty (20) acres or mor~ 9. 06. 030 Restrictions on Conditions of Approval. Any improvement, dedication, or design required by the City as a condition of approval of an environmental subdivision shall be solely for the purposes of ensuring compliance with the conditions required by the local, state, or federal agency requiring the mitigation. 9. 06. 040 Circumstances Permitting Abandonment ,4. After recordation of an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage if the City finds that all of the following conditions exist: None of the parcels created by the enviromnental subdivision has been sold or exchanged 2. None of the parcels is being used, set aside, or required for mitigation purposes pursuant to this section. 3. Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished B. If the environmental subdivision is abandoned and reverts to acreage pursuant to subdivision (A), all local, state, and federal requirements shall apply. 9. 06. 050 Application Only Upon Request. The section shall apply only upon the written request of the landowner at the time the land is divided This section is not intended to limit or preclucle subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes. 9. 06. 060 Sunset Dat~ This Chapter shall terminate on December 31, 2002, pursuant to Government Code Section 66418 (g). Section 5. follows: Chapter 9.08 Section 9.08.050 of the Dublin Municipal Code shall be amended to read as For any subdivision into five (5) or more lots and, when required by the advisory agency, for any other subdivision, the tentative map submittal shall include, when required by the City Engineer: A. A preliminary grading plan prepared by a civil engineer registered by the State of California; B. A preliminary soils investigation report prepared by a soils engineer who is a civil engineer registered by the State of California. This report shall be submitted to the City Engineer, or his or her designated representative, for review (all references hereafter to the City Engineer shall also include his or her designated ret~resentative). The City Engineer may review the report and may require additional information or may reject the report if it is found to be incomplete, inaccurate, or unsatisfactory. Said data and material shall be consistent with requirements and specifications of the Dublin grading ordinance. Additional reports and data may be required by the Planning Director when deemed necessary due to scale of the proposed subdivision or presence of potential hazardous or environmentally sensitive conditions; C. A report evaluating the geological conditions present, prepared by a geologist certified in engineering geology by the State of California. D. A "will serve" letter from the agency proposed to provide sewer and water service to the proposed subdivision indicating and committing that sewer and water service connections and service can be placed on the proposed subdivision. Section 6. Chapter 9.16 Section 9.16.110 Subsection A. of the Dublin Municipal Code shall be amended to read as follows: A. As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, u ............ ~. ...... ,. ..... ~ .... ,~ ~: ....... :. ...... ~. .... ~.~.~ :~ ~., c,.~ ,~ ~.~-~, ~c ..... ~, .... * .-';+~;~ +~ .... ~-'~;";~;~-- 14/hen the City imposes such a requirement, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. Section 7. Chapter 9.20 Section 9.20.080 of the Dublin Municipal Code shall be deleted. Section 8. follows: Chapter 9.24 Section 9.24.090 of the Dublin Municipal Code shall be amended to read as 9.24.090 Lettering. All lettering on the map shall be a minimum of one-eighth inch (1/8") in height, unless done in type, then lettering shall be a minimum of one-tenth inch (1/I0'9 in height, and of such shape and weight as to be readily legible on prints and microfilm reproductions. Minimum pen size shall be "0." Section 9. Chapter 9.24 Section 9.24.150 Subsection E. of the Dublin Municipal Code shall be amended to read as follows: E. Plans, cross sections, profiles and specifications of the street improvements, grading, drainage facilities, water, water recycling and sanitary sewer improvements, and erosion and siltation control measures or structures and such drawings and specifications as the City Engineer may require. The plans and drawings shall be drawn to a scale not to exceed one inch (1") equal forty feet (40') horizontal and one inch (1") equal four feet (4') vertical, unless prior approval is granted by the City Engineer. Plans and drawings shall be in the form specified by the City Engineer and shall be signed eevOfied-by a registered civil engineer. Section 10. follows: Chapter 9.24 Section 9.24.230 of the Dublin Municipal Code shall be amended to read as 9.24.230 Certification of Correction. A certificate of correction may be used to: (1) correct an error in any course or distance; t~e dist th itt & ~ *~ ~ .~.-:~.:~ ~'~ ........ (2) to show any course or ance at was om e a,.,,~,,o,. .......... ,.,~.~, ~ ...... .,.,~:~ ~c ,~ ~.~.~.~ ~, .... ~ .... r .~. .... (3) correct an error in the description of real property; (4) inch'cate monuments set after the death, disability, retirement from Practice, or replacement of the engineer or surveyor charged with the responsibility for setting monuments; (5) show the proper location or character of any monument which has been changed in location or character originally shown at the wrong location or incorrectly as to its character; and/or (6) correct any other type of error or omission as approved by the City Engineer, which does not affect any property right. The certificate of correction shall be upon a form approved by the City Engineer. Section 11. follows: Chapter 9.24 Section 9.24.260 of the Dublin Municipal Code shall be added to read as 9.24.260 Parcel Mergers - Not Required Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of this Title 9 or the Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. Section 12. Chapter 9.24 Section 9.24.270 of the Dublin Municipal Code shall be added as follows: 9.24.270 Parcel Mergers - Required If any one of two (2) or more contiguous parcels or units of land held by the same owner does not conform to existing zoning regulations so as not to permit its development, and at least one (1) of the parcels is undeveloped by any structure for which a building permit was issued or for which a 7 building permit was not required at the time of construction, then such parcels nzay be merged by complying with all applicable provisions of the Subdivision Map A ct~ Section 13. Subsections A., B., and C. of Section 9.28.030 of Chapter 9.28 of the Dublin Municipal Code shall be amended to read as follows: 9.28.030 Limitations. A. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or and community park or recreational facilities bearing a reasonable relationship to use by future residents of the subdivision. B. The City of Dublin shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with the limitations of this chapter and the state Subdivision Map Act. Any fees collected under the title shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they, without any deductions, shall be distributed and paid to the then recorded owners of the subdivision in the same proportion as it was collected. C. Park and recreational facilities shall be in accord with principles and standards of the park and recreation element of the City of Dublin General Plan and the City of Dublin Parks and Recreation Master Plan. Section 14. follows: Chapter 9.36 Section 9.36.080 of the Dublin Municipal Code shall be amended to read as 9.36.080 Reasonable methods for mitigating conditions of overcrowding defined. "Reasonable methods for mitigating conditions of overcrowding" include, but are not limited to, agreements between a subdivider or builder and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used, and agreements between the affected school district and other school districts whereby the affected school distn'ct agrees to lease or purchase surplus or underutilized school facilities from another school district. The City Council may establish by resolution additional methods for mitigating conditions of overcrowding which should be considered by school districts. Section 15. follows: Chapter 9.36 Section 9.36.140 of the Dublin Municipal Code shall be amended to read as 9.36.140 School district schedule. Following the concurrence and decision by the City to require the dedication of land or the payment of fees, or both, or to increase the amount of land to be dedicated or the fees to be paid, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made m,ailable, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the City Council and the reasons for the modification. 8 Section 16. follows: Chapter 9.40 Section 9.40.040 of the Dublin Municipal Code shall be amended to read as 9.40.040 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 this title for a tentative map, except as t-,ere~na~er provided: E. At that at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." Additionally, the City Engineer may require more information to permit the City to make a determination whether an environmental impact report or a negative declaration is needed J..I,.~.,..,.,..,.,,..,.,..,,,....,* ........ T.,;~T., +1~ I-,,,;I,..1; ...... :11 1-, .... +. -- Architectural plans; Fiscal; .... + ~+"~:~" 'T~",,..,,, ~ ,-1 ~ +; ~ ~ ~1~- -- T ~ -- Sur,'eys; Section 17. follows: Chapter 9.40 Section 9.40.090 of the Dublin Municipal Code shall be amended to read as 9.40.090 Applications inconsistent with current policies. Notwithstanding any provision of this title, 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 9.40.070 A. and 9.40.080, and the City looabagee~s-may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. Section 18. follows: Chapter 9.40 Section 9.40.100 Amendment to Vesting Tentative Map shall be added as 9. 40.1 O0 Amendment to Vesting Tentative Map. If the ordinances, policies, or standards described in Section 9.40. 070 A. are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, at any time prior to the expiration of the vesting tentative map pursuant to Section 9. 40. 070 C., may apply for an antendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies, or standard for which the amendment is sought. Section 19. EFFECTIVE DATE AND POSTING OF ORDINANCE: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. 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 12th day of March, 1996 AYES: NOES: ABSENT: ABSTAINING: Mayor ATTEST: City Clerk 10 02/'27 '96 15:57 ID:THURBONSYOUNGBL00D FAX:9166492491 PAGE 2 THURBON & YOUNGBLOOD A'"FTOIRN(YI AT' L~,W February 27, 1996 City Council Members City of Dublin Planning Department Post Office Box 2340 Dublin, CA 94568 VIA FACSIMILE AND FIRST.CLASS MAIL Re: Public Hearing For Proposed Amendments to Title 9 (Subdivisions) of Dublin Municipal Code Dear. Council Members: As you know we represent Livermore Valley Joint Unified School District. The purpose of this letter is to provide wrltt~n comments to be included in the public hearing record on proposed amendments to Title 9 of the Dublin Municipal Code. Your staff report/agenda statement proposes that Section 14, Chapter 9.36, Section 9.36.080 of the Dublin Municipal Code be amended =o define one method of miti~atin9 conditions of overcrowded schools as an agreement between the affected school district and any other school district whereby the affected school district agrees to lease or purchase surplus or under-utilized school facilities from other school districts. Based on the !anguagc of the Ordinance, methods for mitigating conditions of overcrowding are nubJeet to agreement between a subdivider/builder and the affected school district. The Ordinance is vague because it does not define overcrowding. At the outset of the ~taff report/agenda item the item addressing the proposed changes relating to schools refers to the changes as "minor wording changes relaCed to provisions rela~ed ~0 interim school facilities." It is not clear from the language that the provisions relate only to interim school facilities. The District ~uDDort~ the cono~Dt that school districts should maximize the use of public resources and facilities. However, from a practical standpoint each California school district is responsible for determining the educational program and ~he standards for overcrowding and facility use within it~ dj=trier boundaries. It becomes difficult in most cases for school districts to sell or lease (other than portables that are transferred into the territory of a purchasing district) school facilities. Therefore, to the extent the additional language added to 9.36.080 is intended as only one, of many options available to a school district and subdivider/builder to provide for mitigation of overcrowding, the 02/27 '96 15:58 ]D:THURBON&YOUNGBLBDD FAX:9166492491 PAGE 3 City Council Members City of Dublin Planning Department Re: Public Hearing For Proposed Amendments to Title 9 (Subdivisions) o£ Dublin Municipal Code February 27, %996 Page 2 language accurately describe a method of providing interim housing needs but is not practical for a permanent solution to overcrowding. Moreover, the practicality of one district leasing or purchasing surplus school facilities from any other school district is really dictated by the individual educational programs of each individual district and local standards defining "overcrowding" in conjunction with generation rates and projected development within potentially affected school districtm. The ~taff report/agenda statement propo~e~ modifying ~eetion 9.36.140 to require an affected school district, subsequent to the concurrence and decision by the City to require the dedication of land or the payment of fees or to increase the amount of land to be dedicated or the fees to be paid, to provide a schedule identifying school sites to be used and classroom facilities to be made available to serve student population to be generated by development. This requirement should facilitate cooperation between affected school districts and the Ci~¥ in mana~in~ school impact mitigation through the development approval proce~. This requirement, however, must remain flexible inasmuch as the educational programs of individual school districts, as well am the condition of current facilities combined with 5he actual liming of build out of any approved development will impact the use of current facilities. The design and construction process for permanent facilities i~ time consuming. Changes based on educational needs, actual funds available and other rules and regulations ~overning the construction of school facilities will require that schedules submitted to the City by impacted school districts be dynamic documents which will be modified from time to time to reflec~ the dynamics of the design and construction process of school facilities. Assuming the additions to the relevant section are not intended to be a condition preceden~ to the City requiring ~chool impact mitigation, the language requiring "schedules" will assist the parties in managing the mitigation program as long am the document/schedules are utilized as a guide to implementing the mitigation pro,ram wi~h flexibility for changing condi~ions. 02/27 '96 15:59 ID:THURBON&YOUNGBLOOD FAX:916649249! PAGE CiLy Council Members City of Dublin Planning Department Re: Public Hearing For Proposed Amendments to Title 9 (Subdivisions) of Dublin Municipal Code February 27, 1996 Page 3 Please include the comments set forth herein, by reference to this letter or otherwise, as part of the record of the public hearing in this matter. v~ry truly yours, THURBON & YOUNGBLOOD ROBERT E. THURBON RET~mbp CC: Dr. Joyce Mahdesian Mike White Kim McNeely 3.~E-01-96 THU i0:13 H~EEb, NAVE, EiBS',3[&S]LV, ?AX NO, 510 351 4481 P, 02/03 MICHAEL ~. ~z~CHAEL S. KENNETH A. WILSON ~R:SSA M S~TO DEBB3E F. ~THAM OF ANDREA; ~LTZMAN ~ATEWAY 777 C~Vlg gTgEET. ~U~TE 360 EAN LEAIqD~O. CALIFORNIA 9,~577 T~LSPHONE: (510) 351-4300 March 1, t996 555 F:~.-FM ST~E=-r. SU:TE 233 SANTA ~0~. CA 9~1 : R~FLY TO: San Lexndro Robert Thurbon Thurbon & You~ngblood 1485 Response Road, Suite l 05 Sacramento, CA 95815 RE: Proposed Amendments t.o Tide 9 (SubdRision) of Dublin Munidpal Code Dear .Mr. Thurboru I mn responding to your ietrer to the City of Dublin dared Febn,~_D, 27, 1996, at the request of Lee Thompson, the Public Works Director. The Council i~ considering arnendme~u to Title' 9 o£ the Dublin Municipal Code, relating to subdivisions. An ordinance malting various anae~dments to Tide 9 was introduced at the Febn, ary 13, 1996, Council meeting. The proposed ordinance was on r~he Council's agmxda at its Fcbruar7' 27 mcetLng but was continued to its M~rch 12, 1996 meeting. Title 9 mdudm a chapter (Chapter 9.36) ent/dcd "School Facilities Dedication." Chapter 9.36 was enacted pursuant to the provisions of Government Code sections 65970 et seq. to provide a method for financing ,ilqterim school facilirdes necessitated by new residential developments causing conditlorm of overcrowding. Chapter 9.36 does not address tNe method of Fmandng permanent school fadlities. EXHiBIT__ __ Robert Thurbon M'arch 1, 19 9 6 Pa§c 2 The proposed amm~dment to Sec"don 9.36.080, which defines "reasonable methods for midgating con4itions of overcrowding," is to bring that definition into compliance ~5~ Government Code section 65973 ("b) which has been revised slightly since Chapter 9.36 was enacmd. Similarly, the proposed amendment to Section 9.36. t4z0 is to b,,J~ng that section into compliance wid~ Govcmmc_nt Code section 65976, which is the s~amto~ authority for Section 9.36.140. No or_her changes are proposed ro Chapt~ 9.,36. In your letter, you indicate that it is not dear that the revisions rdate onty to interim school facilities. I am enclosing a copy of Chapter 9.36 for your rcxdcw. In particular, please note Section 9.36.010 which state~ that the purpose of the ordLnmace i~ to provide a method for fin~ndng interim sdxoot fadlities. You also note in your le{ter that the ordinance does nor define "ovcrczowd/ng." Section 9.36.060 defines the term "conditions of overcrowding." I hope tiffs addresses your specific concerns. A copy of your letter has been proxdded to the Council and ~ill be part of the record when the Council consider~ adoption o£ the proposed ordinance on March 12, 1996. Very truly yours, MEYERS, NA¥~E, RIBACK, SILVER & ~O'ILSON Elizabeth H. Silver EHS:rja Enclosure Lee Thompson, Public tNorlcs Director (w/o encL)