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Home My WebLink About1978-08-15; City Council; 5535; Expiration Planned Unit DevelopmentCITY OF ''RLSBAD -— . \.,/i T . . . _Initial : AGENDA BILL NO. S&^V _ Dept. Hd. • DATE: _ August 15. 1978 _ .' City Atty DEPARTMENT: Planning City Mgr. SUBJECT: : EXPIRATION - FLAMMED UNIT DEVELOPMENT STATEMENT OF THE MATTER " As per a recent amendment to the California Government Code, approved tentative subdivision maps will not expire during the period of a- water or sewer moratorium. (For a period not to exceed 5 years) . This does not appear to be a problem and staff ;is keeping track of the expanded expiration dates. However , the regulation does present a problem with Planned Unit Developments approved prior to the sewer moratorium but not yet built. Planned Unit Development permits are approved with . subdivision maps . This means it is possible for a Planned Unit Development permit to expire but that the subdivision map be retained. It would be possible that at the end of the sewer moratorium a developer could final the tract map but not be able to get building permits because of the expired Planned Unit Development. The City and the applicant would be forced into new hearings for a resub- mitted Planned Unit Development plan that for all practical purposes would have to be approved to the parameters of the tract map. Staff suggests amending Section 21.45.130 of the Planned Unit Development reguation to provide that the Planned Unit Development will be on the same time sequence as the tract map. The basic wording of the State, regulation would suffice for this amendment. Exhibits ' California Government Code Section 66452.6 RECOMMENDATION It is recommended that the City Council direct the City Attorney to -prepare an ordinance amending Section 21.45.130, and forward to the Planning Commission for public hearing. Council action 8-15-78 The City Attorney was directed to prepare an ordinance amending Section 21.45.130 as recommended by staff, and forward to Planning Commission for a public hearing. GOVERNMENT CODE ested person" could appeal a decision of the planning commission to the town council, such provision, as ap- plied to actions on tentative maps, conflicted with Bus. & Prof. Code, § 11552, subd. (b), providing a right of appeal §66453 only to the sutxlivider from advisory agency actions on tentative maps, and plaintiffs therefore had no available administrative remedy. Environmental Law FunJ, Inc. v Corte Madera (1975) 49 CA3d 105, 122 Cal Rptr 282. § 66452.6. Expiration of approval, and termination of proceedings: Water or sewer moratorium: Application for time extension, and proceedings thereon (a) An approved or conditionally approved tentative map shall expire 12 months after its approval or conditional approval, or after such additional period of time as may be prescribed by local ordinance, not to exceed an additional 18 months. The period of time herein specified shall not include any period of time during which a water or sewer moratorium, imposed alter approval of the tentative map, is iq existence, provided However, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed; provided, however, that if such remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. The 1977 amendments to this section shall apply to a tentative map approved or conditionally approved prior to January 1, 1978, including any map which has expired during a moratorium which was imposed on or after April 1, 1977. (b) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. (c) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of two years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. Added Stats 1974 ch 1536 § 4, operative March 1, 1975; Amended Stats 1977 ch 883 § I. Prior Law: (a) Former B & P C § 11554, as added by Stats 1943 ch 128 § 1 p 870, amended by Stats 1943 ch 668 § 3 p 2425, Stats 1955 ch 1593 §9 p 2890, Stats 1961 ch 1063 § 1, Stats 1965 ch 11SO § II, Stats 1967 ch 1623 § 1. (b) Former B & P C § 11554.5, as added by Stats 1972 ch 639 § 1. (c) Former B & P C § 11555, as added by Stats 1943 ch 128 § 1 p 870, amended by Stats 1943 ch 66S § 4 p 2425, Stats 1955 ch 1593 § 10 p 2890, Stats 1965 ch 1180 § 12. (d) Stats 1937 ch 670 § 11, 1st, 2nd sents p 1S67. Amendments: 1977 Amendment: Added the second sentence and the second and third paragraphs in subd (a). "Subdivider": § 66423. Cal Jur 2d Records and Recording Laws § 79. 43 Ops Atty Gen 148 (authority of county to grant subdivider more than one extension of time in which to record finalmap). 57 Ops Atty Gen 239 (propriety of filing final map covering only portion of subdivision included in previously approved tentative map; propriety though tentative map concerns planned unit development). Legislative Counsel's Opinion: Subdividers. 1955 SJ 1275.