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HomeMy WebLinkAbout1055ORDINANCE NO. 1055 (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: 0 1055 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." B. Prior to accepting an application for a Vesting Tentative Map, the Director may require the filing of complete application materials for discretion- ary approvals associated with reasonably foreseeable development within the vesting map boundary. 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 18th day of February , 1986, on motion of Councilman Griffin , seconded by Mayor Dunin and on the following roll call vote: AYES: Councilman Griffin, Mayor Dunin, Councilmembers Dovey, Settle and Rappa NOES: None ABSENT: None Approved: eo�0 S�"5 City Administrative Officer City Att Community MAYO RON DUNIN t Director rop 1 i ORDINANCE NO. 1055 (1986 Series) FINALLY PASSED this 4th day of March , 1986, on motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None ATTEST: City- Clerk Pame]k Voges Mayo on Dunin