Loading...
HomeMy WebLinkAbout1986-01-07; City Council; 9788; CMC 20 adds/amends - Residential subdivisions tentative maps vesting proceduresI. '. 1 2 3 4 5 6 7 8 9 1c 11 12 c 1t 0 1C 2c 21 2: 22 24 2: 2( 2: 2E ORDINANCE NO. 9788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTERS 20.04, 20.08 20.12 AND 20.24 OF THE CARLSBAD MUNI- CIPAL CODE BY THE AMENDMENT OR ADDITION OF VARIOUS SECTIONS AND BY THE AMENDMENT OF TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 20.17 ESTABLISHING PROCEDURES FOR VESTING OF TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of Section 20.04.020(24) to read as follows: "(24) "Vesting tentative map" means a tentative map for a residential subdivision which conforms with the requirements of Chapter 20.17 and confers upon the subdivider certain rights established by this title. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map. SECTION 2: That Title 20, Chapter 20.08 of the Carlsbad Municipal Code is amended by the amendment of Section 20.08.010 to add the following sentence: "An additional fee in an amount established by City Council resolution shall be paid for processing a vesting tentative map." SECTION 3: That Title 20, Chapter 20.08 of the Carlsbad Municipal Code is amended by the amendment of Section 20.08.020 to add the following sentence. "An additional fee in an amount established by City Council resolution shall be paid for the revision of a vesting tentative map." SECTION 4: That Title 20, Chatper 20.08 of the Carlsbad Municipal Code is amended by the amendment of Section 20.08.060 to add the following sentence: 1 2 3 4 r; W E 7 € E 1( 1: 1: r- 1; 1' 21 2 2 2 2 2 2 2 2 0 "An additional fee as established by City Council resolution shall be paid for processing a vesting tentative parcel map." SECTION 5: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the addition of Section 20.12.130 to read as follows: "20.12.130 Vesting tentative maps. The vesting tentative map may be filed and processed in the same manner and subject to the same requirements as a tentative map except as provided in Chapter 20.17." SECTION 6: That Title 20 of the Carlsbad Municipal Code is amended by the addition of Chapter 20.17 to read as follows: "Chapter 20.17 VESTING TENTATIVE MAPS Sections: 20.17.010 Authority. 20.17.020 Filing and processing, 20.17.030 Rights conferred, 20.17.040 Consistency with zoning and general plan. 20.17.050 Applications inconsistent with current 20.17.060 Effective. policies. 20.17.010 Authority. This chapter 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 - Subdivision Map Act) and is intended to implement the provisions of that chapter. 20.17.020 Filing and processing. (a) Whenever this title requires the filing of a tentative map or a tentative parcel map for a residential development the subdivider may file a vesting tentative map or vesting tentative parcel map subject to the provisions of this chapter. (b) At the time a vesting tentative map is filed it shall have printed conspicuously on its face "Vesting Tentative Map." If the map is a vesting tentative parcel map the words "Vesting Tentative Parcel Map" shall appear conspicuously on its face. this title to be shown on or provided with a tentative map or tentative parcel map a vesting tentative map or vesting tentative 2. (c) In addition to the other information required by 1 2 3 4 5 6 7 a 9 10 I1 12 n parcel map shall show or be accompanied by the following information in a form satisfactory to the City Engineer and Land Use Planning Manager: buildings. will be put and general architectural renderings of the buildings, public facilities including but not limited to on and off site sewer, water and drainage facilities; roads including final grades and aligment; and other on and off site improvements. soils, traffic, or other reports deemed necessary by the City Engineer or Land Use Planning Manager to permit a complete review of the design and improvements for the subdivision. The subdivider, for subdivisions over five units, shall also submit a fiscal impact report prepared by an independent economic analyst, analyzing the projected impacts the development will have on public facilities and services; the report shall include marketing information and a cost benefit analysis for the project. (6) Detailed final grading plans showing existing and proposed finished grades at two foot intervals. (7) Detailed landscape plans. (8) Detailed environmental information sufficient to permit assessment of all environmental effects of the project including cumulative and long-term effects. (d) Notwithstanding Section 20,12,080 of this code all vesting tentative maps regardless of the number of lots shall be considered by the City Council pursuant to Section 20.12.090 after a report and recommendation by the Planning Commission. (e) Notwithstanding Section 20.24.100 of this code all vesting tentative parcel maps shall be referred to the Planning Commission for consideration pursuant to the provisions of Section 20.12,080. The decision of the Planning Commission concerning a tentative parcel map shall be final unless the decision is appealed to the City Council pursuant to the provisions of Section 20.12,093 of this code. of this code the time for filing a final map for a vesting tentative map shall not be extended except for subdivisions of 100 or more units where an extension is necessary to accomplish an approved phasing program. Failure to file a final map within the time period established by Section 20.12,lOO of this code shall terminate all proceedings and no final map or parcel map for all or any part of the property included within the vesting tentative map shall be filed without first processing a new map pursuant to this title. time for filing a parcel map for a vesting tentative parcel map shall not be extended, Failure to file a parcel map within the time period established by Section 20.24.170 of this code shall terminate all proceedings and no final map or parcel map for all or any part of the property included within the vesting tentative (1) The height, bulk and location of proposed (2) Information on the uses to which the buildings (3) Detailed lot lines and dimensions. (4) Detailed design and specifications for all ( 5) Detailed geological, drainage, flood control, (f) Notwithstanding the provisions of Section 20.12,110 (9) Notwithstanding Section 20.24.180 of this code the 3. 1 2 3 4 5 E 7 E 5 XC 11 1; t 0 11 11 2( 2: 21 2 2 2 2 2 2 map shall be filed without first processing a new map pursuant to this title. (h) A vesting tentative map or vesting tentative parcel map shall not be approved or conditionally approved unless the City Council or Planning Commission, whichever is the final decision making body, finds on the basis of the studies and reports submitted by the subdivider that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision will be available for the entire time that the vesting tentative map or vesting tentative parcel map is valid plus any time during which the rights conferred by Section 20.17,030 exist. 20,17.030 Rights conferred. (a) Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a right to proceed with residential development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed the approval 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 or vesting tentative parcel map was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the City Council. entitlement for development may be conditionally approved or denied if at the time of the issuance of the permit approval or entitlement it is determined by the issuing authority or the City Council on appeal: entitlement would place the residence of the subdivision or of the immediate community or both in a condition dangerous to their health or safety or both; or to comply with state or federal law. (c) The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if: (1) A final map or parcel map is not approved prior to the expiration of the vesting tentative map or the vesting tentative parcel map. (2) The applicant has requested and the City has approved a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved. (d) Upon the filing of a final map or parcel map for a vesting tentative map or vesting tentative parcel map the rights conferred by subsection (a) shall continue for one year, Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map this period shall begin for each phase when the final map or parcel map for that phase is recorded. (b) Notwithstanding subsection (a) a permit or (1) A failure to condition or deny the permit or (2) The condition or denial is required in order 4. 1 2 3 4 5 6 7 8 9 10 11 12 I- 1E 12 2c 21 22 22 24 22 26 2: 2E 5 (e) The time period set forth in subsection (d) shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is accepted. one year extension of the rights conferred by subsection (d) at any time before the time period set forth in subsection (d) expires, An extension may be granted only if the Council finds that the map still complies with the requirements of this title. The City Council may approve, conditionally approve or deny an extension in its sole discretion. (9) If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (d) through (f) the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit. subsections (a), (a), (e), (f), or (9) all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter. (i) Notwithstanding subsection (a) the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tenataive map or tentative parcel map. (f) A subdivider may apply to the City Council for a (h) Upon the expiration of the time limits specified in 20.17.040 Consistency with zoning and general plan, No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map or the design or improvement of the proposed development are not consistent with the applicable general, specific or master plans or with the applicable provisions of Title 21. If development of the project for which a vesting tentative map or vesting tentative parcel map requires any permits or approvals pursuant to Title 21 of this code those permits or approvals shall be processed concurrently with the vesting tentative map or vesting tentative parcel map. A vesting tentative map or vesting tentative parcel map shall not be approved if all other discretionary permits or approvals have not been approved either prior to or concurrently with approval of the map." SECTION 7: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the addition of Section 20.24.190 to read as follows: "20.24.190 Vesting tentative parcel map. A vesting tentative parcel map may be filed and processed in the same manner and subject to the same requirements as a tentative parcel map except as provided in Chapter 20.17.'' 5. SECTION 8: The provisions of this ordinance shall be come effective January 1 , 1986. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 17th day of December I 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 7th day of January , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin and Pettine NOES : Council Member Chick ABSENT: None AND LEGALITY +dk MARY H. SLER, Mayor ATTEST : ALETHA L. RAUTE 6.