HomeMy WebLinkAboutPH 2 SUBDIV MAP ACT 06-02-86 · ~:~ PUBLIC HEARING
Int r- Corn
JUNE 2, 1986 ~,V~-'~'
TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
COMMUNITY DEVELOPMENT DEPARTFIENT
SUBDIVISION MAP ACT AMENDI~ENTS
APPLICANT:
ENVIRONHENTAL
STATUS:
CITY OF TURIN
A NEGATIVE DECLARATION H~ BEEN APPLIEO FOR
ME CALIFORNIA ENVIRONMENTAl QUALI~ ACT
RECOIIMENDATION:
MoOD
That Ordinance No, 971 have first reading by title only.
That Ordinance No. 971 be introduced.
BACKGROUND:
On January 1, 1985 a 'new law went into effect which established a new form of
tentative map for subdivisions in California called the "Vesting Tentative
Map". The rights accruing to a subdivider upon approval of a vesting tentative
map are now expressly deemed to constitute "vested rights" to proceed with
development in substantial compliance with the local ordinances, policies and
standards that are in effect at the time of the approval. These vested rights
extend for substantial periods of time beyond the recordation of a final map
which adds a new dimension to the approval process. Therefore, we must now
adopt procedures for the implementation of these "vested tentative maps".
Until the enactment of this new law, a developer's only chance to obtain prior
assurances (for which a tentative map had been approved) which would not be
thwarted by changes in land use laws, was through a development agreement.
Without a development agreement, the developer was left to the risk of expanding
great sums of money for preliminary work for which there were no vested rights
(i.e., the zoning could be changed at any time.)
The vesting tentative map statute now offers developers a degree of assurance
for residential purposes that was not previously available. However, the City,
under the design review process, may require complete plans for the proposed
project which must be approved by the Design Review Board before or concurrent
with the Vesting Tentative Map approval process.
City Council Report
June 2, 1986
Page two
On May 27, 1986 the Planning Commission held a public hearing and recommended
approval by the adoption of Resolution No. 2337 of staff's proposed changes to
our Subdivision Regulations.
Attached to this report is a League of California C(ties Information sheet which
answers questions pertaining to the Vested Rights Bill. Also, attached is
Ordinance No. 971 which amends our present Subdivision Regulations.
Director of Community Development
MAC:pef
Attachments:
Ordinance No. 971
League Information Sheet
Community Development Department
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ORDINANCE NO. 911
AN ORDINANCE OF THE CITY COUNCIL OV THE CITY OF TUSTIN
APPROVING THE AMENDMENT OF SECTION 9311 OF THE TUSTIN
CITY CODE AND ESTABLISHING REGULATIONS FOR VESTING
TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS
The City Council of the City of Tustin, California, does hereby ordain as
follows:
Section 1. That Section 9311 of the Tustin City Code is hereby amended to
add the following:
"Vesting Tentative Map." A "tentative map" for a residential
subdivision as defined in the Subdivision Ordinance, or
incorporated therein, that shall have printed conspicuously on
its face the words "Vesting Tentative Map" at the time it is
filed, in accordance with Section 9361.5, and is thereafter
processed in accordance with the provisions hereof.
Section2. That Section 9361.5 is hereby added to the Tustin City Code:
9361.5 Processing of Vesting Tentative Maps.
The processing and expiration date of Vesting Tentative Maps
shall be in accordance with those procedures set forth for
processing tentative maps pursuant to Tustin City Code Section
9361.
Section 3. That Section 9364 of the Tustin City Code is hereby amended to
add the following:
9364{g)
Fees for processing Vesting Tentative Maps shall be
collected in the same manner as set forth in Tustin
City Code Section 9364(a) except that, in addition
thereto, and pursuant to Government Code Section
66498.8(b), the subdivider shall pay an additional
$50.00 fee at the time of filing each Vesting
Tentative Map, until the cost of establishing
procedures for Vesting Tentative Maps is recovered.
At such time, this additional fee shall be eliminated.
Section 4. That the Subdivision Ordinance of the Tustin City Code is hereby
amended to add the following:
PART 3.5 VESTING TENTATIVE MAPS
9335.1 AUTHORITY.
This Part 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 Vestin~ Tentative Map Statute), and may be cited as the
Vesting Tentative Map Ordinance.
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Ordinance No. 971
Page two
9335.2
9335.3
9335.4
9335.5
Intent and purpose
It is the purpose of this Part 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 of the City of Tustin (Tustin City Code
Sections 9310 et seq., hereinafter referred to as the
"Subdivision Ordinance"). Except as otherwise set forth in the
provisions of this Part, the provisions of the Subdivision
Ordinance shall apply to the Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations outlined in this
Part 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.
Consistency
No land shall be subdivided' and developed pursuant to a vesting
tentative map for any purpose which is inconsistent with the
General Plan of the City of Tustin and any applicable specific
plan or not permitted by the Zoning Ordinance of the City of
Tustin or other applicable provisions of the Tustin City Code.
Application
a.)
b.)
This Part shall apply only to residential developments.
Whenever a provision of the Subdivision Map Act, as
implemented and supplemented by the Subdivision Ordinance,
requires the filing of a tentative map for a residential
development, a vesting tentative map may instead be filed
in accordance with the provisions hereof.
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.
Contents
A vesting tentative map shall be filed in the same form and have
the same contents, accompanying date, and information as is
required in Sections 9330, 9331, and 9380 through 9382 of the
Subdivision Ordinance except as hereinafter provided or
supplemented:
a.) At the time a vesting tentative map is filed a subdivider
shall also supply the following information in addition to
the information required by Sections 9330 and 9331 of the
Subdivision Ordinance:
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Ordinance No. 971
Page three
1.) The location and outline to scale of each proposed
building, including its proposed height, width, length
and size. If the proposed building will occupy space
presently occupied by an existing building, the
proposed building shall be shown on an accompanying
map identical to the vesting tentative map, except for
the inclusion of the proposed building in place of the
existing building.
2.)
3.)
4.)
6.)
Proposed water and sewer systems to be installed in
the development, including the size, quality, capacity
and location of equipment to be used to deliver such
services.
Specific and detailed preliminary grading plans for
the proposed development.
The location and size of all fire hydrants located
within 500 feet of any portion of the subdivision.
A layout of adjoining unsubdivided property, in
sufficient detail to show the effect of proposed
streets that may intersect such property.
The location of any previously filled areas within the
subdivision.
7.)
8.)
g.)
A flood hazard report to the City.
All private streets/structural sections shall be
designed by a registered Civil or Soils Engineer and
shall be designed to a 20 year design life.
An environmental assessment statement and/or input for
a draft environmental impact report, pursuant to the
California Public Resources Code Section 21,000 et.
seq., as determined by the Director of Community
Development.
10.) Any other data or reports deemed necessary by the
Director of Community Development or the City
Engineer.
11.) The Department of Community Development may waive any
of the foregoing when such is not necessitated by the
nature of the subdivision of land.
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Ordinance No. 971
Page four
9335.6
9335.7
9335.8
12.) In the case of a subdivision to be created from the
conversion of a mobile home park to another use, the
vesting tentative map shall additionally be
accompanied by a report on the impact of the
conversion upon the displaced residents of the mobile
home park to be converted. Such report shall be made
in accordance with Government Code Section 66427.4.
Zoning Approvals Prior to Map Approval
Prior to granting approval of a vesting tentative map, the
Community Development Department may require the applicant to
first obtain prior to, or concurrent with the tentative map any
design of architectural review approval, use permit, variance
zoning or any other approval that may be required under the
Zoning Ordinance of the City of Tustin or elsewhere with respect
to the proposed development.
Amendment to Vesting Tentative Map
At any time prior to the expiration of the vesting tentative map
pursuant to Section 9361 (d) of the Subdivision Ordinance, the
subdivider or owner may apply for an amendment to the vesting
tentative map.
Vesting On Approval of Vesting Tentative Map
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 Section 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.
The rights referred to herein shall expire if a final map
is not approved pursuant to Section 9340 of the Tustin City
Code, prior to the expiration of the vesting tentative map
as provided in Section g361 (d) of the Subdivision
Ordinance. If the final map is approved, these rights
shall last for the following periods of time:
a.)
1.)
b.)
An initial time period of one year. Where several
final maps are recorded on various phases of a project
covered by a single vesting tentatve map, this initial
period shall begin for each phase when the final map
for that phase is recorded.
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Ordinance No. 971
Page five
9335.9
9336
The initial time period set forth in subsection (b)
(1) shall be automatically extended by any time used
for. processing a complete applicaton for a grading
permit or for design or architectural review, if such
processing exceeds thirty days from the date a
complete application is filed. This subsection shall
not apply if the Community Development Department
requires design or architectural review prior to
approval of a vesting tentative map pursuant to
Section 9335.6.
3.)
A subdivider may apply for a one year extension at any
time before the initial time period set forth in
subsection (b) (1) expires. If the extension is
denied, the subdivider may appeal that denial to the
Tustin City Council within fifteen days of the date of
the denial.
4.)
If a subdivider submits a complete application for a
building permit during the periods of time specified
within subsection 9335.8 (b) (1) and {2), the rights
referred to herein shall continue until the expiration
of that permit, or any extension of that permit.
Effect of Inconsistent Zoning Regulations
Whenever a subdivider or owner files a vesting tentative map for
a subdivision or building site whose intended development is
inconsistent with any regulations contained in the Zoning
Ordinance of the City of Tustin, that inconsistency shall be
noted on the vesting tentative map. The advisory agency may
deny such a vesting tentative map or approve it conditioned upon
the applicant obtaining the necessary change in the Zoning
Ordinance of the City of Tustin to eliminate the inconsistency.
If such change is obtained, the approved or conditionally
approved vesting tentative map shall, notwithstanding the
provisions of Section 9335.8, confer the vested right to proceed
with the development in substantial compliance with the change
in the Zoning Ordinance of the City of Tustin and the vesting
tentative map, as approved. The rights conferred by this Section
shall continue for the periods of time specified in subsection
g335.8 (b) of this Part.
Applications Inconsistent with Current Policies
Notwithstanding any provision of this Part, 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 9335.8 (al and 9335.9, and local
agencies may grant these approvals or issue these permits to the
extent that the departures are authorized under applicable
provisions of the Code.
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Ordinance No. 97!
Page six
9336.1 Compliance with Other Laws
1.)
Nothing in this article shall enlarge, diminish or alter
the types of conditions which may be imposed by the City of
Tustin on a development, nor in any way diminish or alter
the power of the .City to protect against a condition
dangerous to the public health or safety.
2.)
Nothing in this article shall remove, diminish, or affect
the obligations of any subdivider or owner to comply with
the conditions and requirements of any state or federal law
regulation or policy.
PASSED AND ADOPTED by the City Council of the City of Tusttn, California,
this day of , 1986.
DONALD J. SALTARELLI, Mayor
MARY E. WYNN, CITY CLERK