HomeMy WebLinkAbout1053NbT FIAIALI-Y
ORDINANCE NO. 1053 (1986 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING.
THE SUBDIVISION REGULATIONS TO ESTABLISH REQUIREMENTS FOR
PROCESSING VESTING TENTATIVE MAPS
WHEREAS, Chapter 4.5 (commencing with section 66498.1) of
Division II of Title VII of the Government Code of the State of
California requires the city to adopt regulations pertaining to
vesting tentative maps, and
WHEREAS, the Planning Commission and City Council have held
hearings to consider amending Subdivision Regulations pursuant to
that chapter, and
WHEREAS, the amendment has been evaluated in accordance with the
California Environmental Quality Act and this city's Environmental
Impact Procedures, and a negative declaration has been granted by the
city, and
WHEREAS, the proposed amendment promotes the public health,
safety and general welfare
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The Subdivision Regulations of the Municipal Code be
amended to add Chapter 16.34, as follows:
NOT FINALLY PASSED
R 1053
CHAPTER 16.34
VESTING TENTATIVE MAPS
SECTIONS:
16.34.010 Purpose and Intent
16.34.020 Definition
16.34.030 Application
16.34.040 Filing and Processing
16.34.050 Fees
16.34.060 Expiration
16.34.070 Vesting on Approval of Vesting Tentative Map
16.34.080 Development Inconsistent with Zoning; Conditional
Approval
16.34.090 Applications Inconsistent with Current Policies
ARTICLE 1. GENERAL PROVISIONS
16.34.010 Purpose and Intent
This chapter establishes procedures for Vesting Tentative
Maps, in accordance with provisions of Chapter 4.5 of the State
Subdivision Map Act. No land shall be subdivided and developed under
a vesting tentative map for any purpose which is inconsistent with
the Subdivision Map Act.
The regulations in this chapter are necessary for
preservation of the public health, safety, and general welfare, and
for the promotion of orderly growth and development.
16.34.020 Definition
A "vesting tentative map" is a tentative map for a
residential subdivision, which is filed and processed in accordance
with this chapter. When approved, a vesting tentative map confers a
vested right to develop property after subdivision, subject to the
provisions of this chapter.
16.24.030 Application
A. This ordinance shall apply only to 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 development,
a vesting tentative map may instead be filed, in accordance with
these provisions.
B. 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.
ARTICLE 2. PROCEDURES
16.34.040 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 hereinafter provided:
A. At the time a vesting tentative map is filed, it shall
have printed conspicuously on its fact the words "Vesting Tentative
Map . 11
B. At the time a vesting tentative map is filed, a
subdivider shall also supply such information as may be determined to
e
b_ necessary by the Community Development Director.
16.34.050 Fees
A. On filing a vesting tentative map, the subdivider shall
pay the application fees required by City Council resolution.
B. At the time of development, the subdivider shall pay
permit fees and other development fees in accordance with fee
schedules then in effect. Except as provided in Section 16.34.070.B,
no new type of fee established after approval of the vesting map
shall be applicable to development of the subdivided property.
16.34.060 Expiration
The approval or conditional approval of a vesting map shall
expire at the end of the same time period, and shall be subject to
the same extensions, established by this title for the expiration of
the approval or conditional approval of a tentative map.
ARTICLE 3. DEVELOPMENT RIGHTS
16.34.070 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 66474.2. This will normally
mean ordinances, etc. in effect on the date the map application is
certified complete by the Director.
However, if Government Code 66474.2 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 subparagraph 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 before the expiration of the vesting tentative
map as provided in Section 16.34.060. If the final map is approved,
these rights shall last for the following periods of time:
1. An initial time period of one year. 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 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, is such processing exceeds 30 days from the date a complete
application for the permit or review 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.
The time extension request shall be considered at a public hearing
conducted by the Community Development Director or City Council,
whichever approved the final map. Notice for the hearing shall be as
specified in Section 16.16.110.
If a time extension request is denied by the Community
Development Director, the subdivider may appeal the denial to the
City Council within fifteen days. The council shall conduct a public
hearing to consider the appeal, and shall provide notice as specified
in Section 16.16.110.
4. If the subdivider submits a complete application
for a building permit during the periods of time specified in
subparagraphs 1 through 3, the rights referred to herein shall
continue until the expiration of that permit, or any extension of
that permit.
16.34.080 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 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 16.34.070.A, confer a 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 Section 16.34.070.C.
16.34.090 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 16.34.070.A and 16.34.080, and local agencies
may grant these approvals or issue these permits to the extent that
the departures are authorized under applicable law.
SECTION 2. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at
least three (3) days prior to its final passage in the
Telegram- Tribune, a newspaper published and circulated in said city,
and the same shall go into effect at the expiration of thirty (30)
days after its said final passage. A copy of the full text of this
ordinance shall be on file in the office of the City Clerk on and and
after the date following introduction and passage to print and shall
be available to any interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo, at its meeting held on the 4th day of February
1986, on motion of Councilman Settle , seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: None
M;e Ron Dunin
ATTEST:
City Clerk Pameld Voges
APPROVED:
. 0131 4��q
eO City Administrative Officer
Community Development Director
tz'
St, no sue' %-
r ,