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HomeMy WebLinkAboutOrdinance 1521 (Vesting Tentative Maps)CLERK -'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1521 entitled: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 15 (SUBDIVISIONS) BY ADDING CHAPTER 15.18 "VESTING TENTATIVE MAPS" is a true and correct copy of an ordinance of said City and was introduced at a Regular meeting of the City Council of the City of San Rafael, held on the Sixteenth day of December , 1985, published as required by City Charter in the Independent Journal a newspaper published in the City of San Rafael and passed and as am e adopted c p p /griyhance of said City at a Regular meeting of the City Council of said City held on the Sixteenth day of December 1985, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None WITNESS my hand and the official seal of the City of San Rafael this Eighteenth day of December , 19 85. JEA LEAI I,\ City Clerk ORDINANCE NO. 1521 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 15 (SUBDIVISIONS) BY ADDING CHAPTER 15.18 "VESTING TENTATIVE MAPS" THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDAINS AS FOLLOWS: DIVISION 1. This Ordinance is adopted as an urgency measure, enacted for the immediate preservation of the public peace, health and safety. Senate Bill 660 (Montoya), Chapter 1113 of the 1984 Statutes, requires local jurisdic- tions to amend their respective Subdivision Ordinances, permitting the filing of "Vesting Tentative Maps" no later than January 1, 1986. The City Council of the City of San Rafael, in order to comply with State law and in order to provide an orderly procedure for processing "Vesting Tentative Maps", does hereby ordain as follows: CHAPTER 15.18 VESTING TENTATIVE MAPS SECTIONS: 15.18.010 General Provisions 15.18.020 Procedures 15.18.030 Development Rights 15.18.040 Effective Date 15.18.010 General Provisions (a) Citation and Authority. This ordinance 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 Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance. (b) Purpose and Intent. It is the purpose of this ordinance to estab- lish 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. Except as otherwise set forth in the provisions of this ordinance, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance. -1- 0 R 16`6 1 N A4 "I 167a1 To accomplish this purpose, the regulations outlined in this or- dinance 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. (c) Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Municipal Code. (d) Definitions. (1) A "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in the San Rafael Subdivision Ordinance, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with 15.18.020(a) and is thereafter processed in accordance with the provisions hereof. (2) All other definitions set forth in the San Rafael Subdivision Ordinance are applicable. (e) Application. (1) This ordinance shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented -and supplemented by the San Rafael Subdivision Ordinance, 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 the provisions hereof. (2) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construc- tion, or work preparatory to construction. 15.18.020 Procedures. (a) 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 the San Rafael Subdivision Ordinance for a tentative map except as hereinafter provided: (1) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." (2) At the time a vesting tentative map is filed, a subdivider shall also concurrently apply for environmental and design review approval and provide all application materials required under Chapter 14.11 "Environmental and -2- Design Review" of the San Rafael Municipal Code, and also concurrently apply for a use permit if required by the zoning designation. (b) Upon filing a vesting tentative map, the subdivider shall pay the fees required by the City Council Resolution for the filing and processing of a tentative map. (c) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be sub- ject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map. 15.18.030 Development Rights (a) Vesting on Approval of Vesting Tentative Map. (1) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial com- pliance 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 tenta- tive map is approved or conditionally approved. (2) Notwithstanding subdivision (1), a permit, approval, exten- sion, or entitlement may be made conditional or denied if any of the following are determined: (A) 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; or (b) The condition or denial is required, in order to comply with State or Federal law. (3) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in 15.18.020(c). If the final map is approved, these rights shall last for the following periods of time: (A) An initial time period of two years. 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; (B) The initial time period set forth in 3-A shall be automatically extended by any time used for processing a complete application for a building permit, if such processing exceeds 30 days, from the date a complete application is filed; (C) A subdivider may apply for a one-year -3- extension at any time before the initial time period set forth in 3-A expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days; or (d) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions A -C, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (b) Development Inconsistent with Zoning - Conditional Approval (1) 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 shall deny such a vesting tentative map or approve it conditioned on the sub- divider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If approved or conditionally approved vesting tentative map shall, notwithstanding 15.18.030(a-1), confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved. (2) The rights conferred by this section shall be for the time periods set forth in 15.18.030(a-3). (c) 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 15.18.030(a-1) and 18.18.030(b), and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. 15.18.040 Effective Date. The effective date of this ordinance is December 16, 1985. DIVISION 2. This ordinance shall take effect immediately upon its passage, and the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published according to law. Attest: �O-M. L�ONCINI, ity Clerk -4- LAWRENCE E. MULRYAN, Mayor R STATE OF CALIFORNIA ) COUNTY OF MARIN ) ss. CITY OF SAN RAFAEL ) I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, certify the foregoing ordinance was passed by the City Council of the City of San Rafael, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the 16th day of December 19 8� by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -5- 1 M. LEONCI I, City C erk