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HomeMy WebLinkAbout1985-12-17; City Council; 8450; Vesting Tentative mapsOF CARLSBAD - AGENDA BILL AR* PV.5""0 MTG 12/17/85 DEPT CA TITLE: VESTING TENTATIVE MAPS DPPT HD. HITY MGR.^**- RECOMMENDED ACTION: If the City Council concurs your action is to introduce OrdinanceNO. ITEM EXPLANATION oooo!-•• • O-i OO 00 . I —O (^Jz; • • O T3 S3 C•H S-iO CU O •H -Ha oC C3 So oo o oo ooI Ii-- r^i—l I I iH CM A new chapter has been added to the Subdivision Map Act entitled "Development Rights." The City is required to establish procedures necessary for the implementation of that chapter by January 1, 1986. The law, Senate Bill 1660 (Montoya) Chapter 1113 of the Statutes of 1984, was enacted by the Legislature to create a new form of tentative subdivision map called a vesting tentative map. Approval of this map carries with it a guarantee that the developer will be able to proceed with the development notwithstanding any subsequent actions by the City Council. That means that once a vesting . tentative map is approved the City Council may not adopt any emergency ordinances, moratoriums, changes in standards, down zonings or any other police power measure that would prevent the developer from completing his project. Attached is a copy of a paper jointly promulgated by the League of . California Cities and the County Supervisors Association of California, which answers the most common questions of local officials about the new law. Also attached is a memorandum from our office to the Mayor and City Council dated November 22, 1985 which discusses the law in the context of the required implementing ordinance which is also attached. Our office has received a significant number of inquiries from developers about vesting tentative maps and there is a definite expectation that the City will be prepared to implement the new law by the January 1, 1986 deadline. FISCAL IMPACT The ordinance provides that the City Council may establish a fee to recover the City's costs of processing EXHIBITS O& Oz3 OO League of California Cities and County Supervisors Association of California Paper Memorandum from City Attorney to Mayor and City Council dated November 22, 1985 Ordinance No. I I I \ Cities Work Together League of California Cities 1400KStrwt Sacr«m«nto 95814 (916)444-5790 County Supervisor* Association of California IMPLEMENTATION INFORMATION ON SB 1660 (Montoya) THE "VESTED RIGHTS" BILL, Chap. 1113, 1984 Statutes February 1985 Senate Bill 1660 (Montoya),Chapter 1113 of the 198* Statutes, was enacted by the Legislature in 1984, and becomes effective January 1, 1986. The bill creates a new form of tentative subdivision map, called a "vesting tentative map," which, when approved, guarantees a developer that he or she will be able to proceed with development in accordance with that approval. This paper addresses the most common questions of local officials about SB 1660. All references are to the California Government Code unless otherwise noted. The bill amends Sections 66424.5, 66428, 66452, 66452.6 and 66463.5, and adds Sections 66418.1 and 6649S.1 through 66498.8. !• QU MAP" UESTION; TO WHAT KINDS OF DEVELOPMENTS DOES THE "VESTING TENTATIVE LAW APPLY? ANSWER; Residential developments only (Government Code Sec. 66498.7). 2. QUESTION: BY WHAT DATE MUST WE COMPLY WITH THIS NEW LAW? ANSWER; You must comply with this law by January 1, 1986, but you may do so sooner (Sec. 66498.8 and uncodified Sec. 10 of the bill). | 3. QUESTION: WHAT IS A "VESTING TENTATIVE MAP," AND DOES ONE OF THESE • MAPS LOOK ANY DIFFERENT FROM AN ORDINARY TENTATIVE MAP? ANSWER; A "vesting tentative map" is basically the same as an ordinary tentative map. The only difference the state law requires is that when one of these "vesting" maps is filed with the city or county, the map must have conspicuously printed on its face the words "vesting tentative map" (Sees. 66424.5 and 66452). 4. QUESTION: HOW DOES THIS BILL AFFECT CITIES' AND COUNTIES' POWERS TO I REGULATE SUBDIVISIONS? ANSWER; Not at all, up to the time the map is approved I or denied. What the bill limits is the ability to change conditions after that point. 5. QUESTION; DO THE CHANGES MADE BY SB 1660 AFFECT ORDINARY TENTATIVE MAPS? ANSWER; No. It is an alternative procedure. I 6. QUESTION; IS THERE ANY DIFFERENCE IN THE PROCESSING OF THESE MAPS DAND ORDINARY TENTATIVE MAPS? ANSWER: That depends on your local ordinances. Government Code Section 66411, which the bill does not amend, vests control of the design and improvement of subdivisions in councils and boards of supervisors. Sec. 66452, as amended by the bill, provides that "vesting tentative maps" are to be processed the same as tentative maps, except as otherwise provided by state law or local ordinance. 7. QUESTION: PRIOR TO APPROVING A "VESTING" MAP, CAN WE REQUIRE A DEVELOPER TO SUPPLY THE CITY WITH MORE DETAILS ON A DEVELOPMENT THAN WE DO ON AN ORDINARY MAP? ANSWER; Yes, if your local ordinance so requires or permits. 25 8. QUESTION; WHAT DETAILS MIGHT 1 CONSIDER REQUIRING THE DEVELOPER TO SUPPLY PRIOR TO APPROVAL OF A "VESTING" MAP? ANSWER; Because the rights conferred by this process last for a lengthy period of time, and because subsequent approvals must be consistent with the map as approved, you may wish to change the timing of the processing, so that most or all discretionary approvals occur before or simultaneously with map approval. Consequently, you may wish to consider requiring the developer to supply with the map information that your city or county needs to determine the impact of the project on your city or county over a period of years, such as: - height, size, and location of buildings - sewer, water, storm drain and road details - information on the uses to which the buildings will be put - detailed grading plans - geological studies - flood control information - architectural plans - any other studies your city has normally deferred to the building permit stage. *• QUESTION; WHEN SHOULD DESIGN REVIEW OCCUR FOR A "VESTING" MAP PROJECT? ANSWER; You may wish to consider doing design review simultaneously with or prior to review of the map. Your city or county should probably review the order in which this and other discretionary approvals occur, and change the order so that some discretionary approvals are processed with, or prior to, the map so that when the map is approved, the details of the project are known. 10. QUESTION; WHAT RIGHTS DOES THIS BILL GIVE A DEVELOPER THAT THE DEVELOPER DOES NOT HAVE UNDER CURRENT LAW? ANSWER; Under the bill, once the "vesting" map is approved, the developer may generally proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the developer filed a complete application with the city or county. Exceptions are made where proceeding with the development would (a) endanger public health or safety, or (b) violate state or federal law (Government Code Sees. 66474.2, 66498.1, 66498.6). 11. QUESTION; IF THE CITY OR COUNTY APPROVED A "VESTING" MAP, IN WHAT CIRCUMSTANCES CAN THE COUNTY OR CITY DENY A FINAL MAP OR A BUILDING PERMIT? ANSWER; Only when it must do so to protect public health or safety or to comply with state or federal law (Sees. 66498.1, 66498.6). 12. QUESTION: CAN A CITY OR COUNTY DENY APPROVAL OF A TENTATIVE£"VESTING" MAP SOLELY ON THE GROUND THAT THE MAP IS A "VESTING" MAP? ANSWER; Probably not. 13. QUESTION; HOW LONG DOES THE "VESTING" CONTINUE ONCE THE TENTATIVE MAP IS APPROVED? ANSWER; The "vesting" rights last until a final map is recorded, plus one to three years plus the life of the building permit. Depending on local ordinances, extensions, and processing time, this means 3-1/2 to 10 years (plus any time during which moratoria are in effect or lawsuits are pending), based on the following schedules: 26 a) All tentative maps, including "vesting" maps last from two to six years, depending on local ordinances and extensions (Sec. 66452.6); plus b) depending on local ordinances, the developer has either one or two years after the final map is recorded to apply for a building permit, and the county or city may extend that for one more year to a total of three years, (Sec. 66452.6(g)); and c) if the developer has filed a complete application for a building permit, the right continues through the life of the building permit (usually six months), plus any extensions the city gives on the building permit, plus processing time for architectural review or grading permits, if the time for processing those permits exceeds 30 days (Sec. 66452.6(h)). 10. QUESTION; WHAT HAPPENS IF A DEVELOPER LETS ONE OF THESE TIME PERIODS EXPIRE? ANSWER; The developer is then treated the same as if he or she were an ordinary applicant without the rights given by the "vesting" map (Sec. 66498.1). 15. QUESTION; HOW DO THE TIME PERIODS DESCRIBED IN QUESTION 13 APPLY TO PHASED DEVELOPMENTS? ANSWER; The time periods that run after a final map is recorded commence on each phase when the final map for that phase is recorded (Sec. 66452.6(g)). 16. QUESTION: SECTION 66498.3 PROVIDES THAT A COUNCIL OR BOARD OF21ERSUPERVISORS MAY CONDITIONALLY APPROVE A "VESTING" MAP THAT IS INCONSISTENT WITH LOCAL ZONING, AND MAKE THE MAP APPROVAL CONTINGENT UPON THE RE2ONING OCCURRING. HOW DOES THIS AFFECT OUR CURRENT PRACTICES? ANSWER; Probably not at all. A few jurisdictions process maps that are inconsistent with zoning, conditioning approval of the map on a later rezoning. This provision was inserted to accommodate those jurisdictions. 17. QUESTION; OUR CITY COUNCIL OR BOARD OF SUPERVISORS HAS DELEGATED APPROVAL OF MAPS TO OUR PLANNING COMMISSION (OR SUBDIVISION REVIEW COMMITTEE), BUT ZONING ORDINANCES MUST BE APPROVED BY THE BOARD OF SUPERVISORS OR COUNCIL. WILL THIS BILL REQUIRE US TO CHANGE THAT PROCEDURE? ANSWER; No. But since you may be using a different procedure to process "vesting" maps, you may wish to consider whether the council or board wishes to not delegate approval of "vesting" maps. 18' QUESTION; HOW DOES THIS LAW RELATE TO THE DEVELOPMENT AGREEMENT LAW? ANSWER; This bill was conceived as an alternative to development agreements, primarily for smaller projects. Because it is not a contract, local agencies will have less discretion to deny applications or extract concessions from developers. Also, unlike a development agreement, a vesting map is not referendable. 19. QUESTION; CAN WE REQUIRE A DEVELOPER TO ENTER INTO A DEVELOPMENT AGREEMENT AS A CONDITION OF APPROVAL OF A "VESTING" MAP? ANSWER; Probably not. 20. QUESTION; WE HAVE HAD TO CHANGE OUR DEVELOPMENT STANDARDS TO COMPLY WITH CHANGES IN STATE OR FEDERAL LAW. IF WE HAVE TO DO THIS able to require redesign, or you may need to stop the project (Sees. 66498.1(c), and 66498.6(b)). 27 21. QUESTION: THIS IS A STATE-MANDATED COST. HOW DO WE PAY FOR IT? ANSWER; New Sec. 66498.8, and uncodified Sec. 11 of the bill specifically authorize cities and counties to charge developers who file "vesting" maps an amount sufficient to cover the cost of enacting a local ordinance, so you may wish to determine those costs, and to work out reimbursement either with your local builders' association or with the first several builders who apply for "vesting" maps. 22. QUESTION; UNDER CURRENT LAW (GOVERNMENT CODE SECTIONS 65925 and, 65940 et seq.) OUR COUNTY OR CITY MUST SUPPLY DEVELOPERS WITH INFORMATION DESCRIBING WHAT IS NEEDED TO FILE A COMPLETE APPLICATION FOR DEVELOPMENT, AND MUST INFORM A DEVELOPER WITHIN 30 DAYS AFTER AN APPLICATION IS FILED WHETHER THAT APPLICATION IS COMPLETE. HOW DOES THIS BILL AFFECT THAT LAW? ANSWER; It does not, but you may need to update your local lists if you require more information for a "vesting map." 23. QUESTION; NEW GOVERNMENT CODE SECTIONS 66452.6(g) and (h) PROVIDE THAT A DEVELOPER KEEPS THE RIGHTS CONFERRED BY A "VESTING" MAP IF HE OR SHE FILES A "COMPLETE" APPLICATION FOR A BUILDING PERMIT WITHIN A CERTAIN TIME PERIOD AFTER THE FINAL MAP IS APPROVED, AND THE DEVELOPER'S RIGHTS REMAIN FIXED WHILE THAT PERMIT IS BEING PROCESSED. HOW DO WE DETERMINE WHETHER AN APPLICATION FOR A BUILDING PERMIT IS "COMPLETE"? ANSWER; State law does not usually require counties or cities to list what is required for a building permit to be complete. You may wish to review your city's or county's current building permit application requirements and prepare a list of the requirements, to be used for reference by both your staff and by applicants. 2*. QUESTION; SECTIONS 66498.2 and 66498.4 AUTHORIZE A DEVELOPER TO APPLY FOR AN AMENDMENT TO A "VESTING" MAP BEFORE THE "VESTING" RIGHTS EXPIRE, AND AUTHORIZE A LOCAL AGENCY TO GRANT OR DENY THOSE CHANGES. WHAT CONDITIONS MAY WE ATTACH TO SUCH AN APPLICATION? ANSWER; You may wish to provide local standards and procedures for processing such applications, perhaps distinguishing between substantial and insubstantial changes, and specifying whether such changes lengthen or do not lengthen the vesting period. 25. QUESTION; THE FEES WE CHARGE DEVELOPERS CHANGE FROM TIME TO TIME, BOTH IN NATURE AND AMOUNT. CAN WE APPROVE THE MAP IN A WAY THAT WILL ALLOW US TO CHANGE THE FEES IN EFFECT AT THE TIME A BUILDING PERMIT IS ISSUED, RATHER THAN WHEN THE MAP IS APPROVED? ANSWER; That depends. With regard to the amount of a particular fee, the map approval can probably contain a condition that the amount of the fee is to be determined at the building permit stage. However, new fees probably cannot be added at the building permit stage except for public health or safety reasons or to comply with state or federal law (Sees. 66498.1(c) and 66498.6). 28 November 22, 1985 TO: Mayor and City Council FROM: City Attorney VESTING TENTATIVE MAPS This memorandum explains the proposed ordinance amending various sections of the City's subdivision regulations to implement those provisions of state law for vesting tentative maps and tentative parcel maps. The vesting maps provisions of the Subdivision Map Act are the latest in a long series of amendments which developers have had added to the Subdivision Map Act in order to gain greater insulation from subsequent changes in City policy. Under the vesting map laws a developer may gain the right to build a residential project free from later changes to city ordinances or policies. The proposed ordinance was drafted after consultation with the Land Use Planning Manager and City Engineer and after consideration of certain implementation information provided by the League of California Cities and County Supervisor's Association of California. In addition, we provided copies of the proposed ordinance to certain local engineers and attorneys active in subdivision processing as well as to all city attorneys in the county. In preparing the proposed ordinance we have attempted to address all of the concerns brought forth during this consultation period. Because approval or conditional approval of a vesting tentative map confers upon the subdivider the right to build a residential development which substantially conforms with the ordinances, policies, and standards in effect at the time the application for a subdivision map is deemed complete and because this right will continue for many years, it is necessary to require more detailed information then was ordinarily required for a standard subdivision. Therefore, in addition to the information a subdivider is ordinarily required to provide when applying for a subdivision map, the applicant for a vesting tentative map or vesting parcel map will be required to provide: 1. Information on the height, bulk and location of proposed buildings, information on the uses to which the buildings will be put and general architectural renderings of the buildings. The Land Use Planning Manager believes that this information is necessary to analyze the compatibility of the project with surrounding projects and also to determine with a greater degree of accuracy the impacts of the development on public facilities and services. In addition, because a vesting subdivision map confers upon the developer the right to build houses, the Land Use Planning Manager believes that this information is necessary even for single family -2- subdivisions because once the map is approved the City will not be able to alter any design standards unless it is shown to be necessary to protect the public health and safety. 2. The developer will be required to provide detailed lot lines and dimensions and detailed design and specifications for all public facilities including but not limited to on and off site sewer, water and drainage facilities, road including final grades and alignment, and other on and off site improvements. The City Engineer believes that the detailed information is necessary to accurately analyze the potential impacts of the proposed development and to ensure that the improvements can be built to standards sufficient to serve the development and mitigate any adverse impacts created by the project. 3. The developer will also be required to provide detailed geological, drainage, flood control, soils, traffic and other reports deemed necessary by the City Engineer and the Land Use Planning Manager to permit a complete review of the design and improvements of the subdivision. Further, for subdivisions of over five units the subdivider must submit a fiscal impact report analyzing the projected impacts the development will have on public facilities and services and also will provide marketing information and cost benefit analysis for the project. Similar economic impact reports are currently required for master plans in the planned community zone. The subdivider will also be required to provide detailed grading and landscape plans and detailed environmental information sufficient to permit assessment of all environmental impacts of the project including cumulative and long term effects. With regard to these requirements, the only comments we have received were from Mr. Ladwig of Rick Engineering who questioned the need to provide detailed height, bulk, location and architectural information for single family subdivisions. City staff believes that such information is necessary to accurately assess neighborhood impacts caused by the type of development proposed, amount of traffic generated by the project, adequacy of on and off street parking, and other impacts of the development on facilities such as streets, sewers, parks, libraries, etc. In addition, because the City will not be able to impose later adopted design review standards on a project for which a vesting tentative map is approved it was believed that the City should have the information up front in deciding whether to approve the subdivision. Mr. Ladwig suggested that information concerning the number of bedrooms, garages, etc. be included in the requirements. Staff concurs and will require the information on the application form. The ordinance need not be modified to do this. Mr. Ladwig also questioned the fiscal impact report. Because the purpose of the report is to determine the economic impact the development will have on public facilities and services and because the City will not be able to require new fees once a vesting subdivision map has been approved unless those fees are necessary to protect the public health and 7 -3- safety, it is the opinion of City staff that the economic information should be provided for each subdivision as it is being considered for approval. The ordinance provides that all vesting tentative maps will be considered by the City Council after a report and recommendation by the Planning Commission. The Planning Commission will retain final approval authority over standard tentative maps of fewer than 50 units. The ordinance further provides that all vesting tentative parcel maps will be reviewed and approved by the Planning Commission. Currently the City Engineer has the authority to approve tentative parcel maps. Under the existing subdivision policies a tentative map or tentative parcel map is valid for 24 months, unless the subdivider applies for an extension. For tentative maps the Council may grant no more than two one-year extensions. For a tentative parcel map one one-year extension may be granted. Because a vesting tentative map gives a subdivider the right to build houses, we believe that use of such maps should be limited to those projects where the subdivider is serious about building the houses. For that reason and in order to shorten the time when the developer will have the right to build houses the proposed ordinance restricts extensions of vesting tentative maps and prohibits extensions of vesting tentative parcel maps. Extensions of a vesting tentative map will be prohibited except for subdivisions of 100 or more units where an extension is necessary to accomplish an approved phasing program. This will allow subdividers to develop out larqer phased projects where extensive improvements are required in earlier phases. The City has the right to expect that a subdivider requesting a vesting tentative map is serious about actually constructing the project. The restriction on extensions will ensure that a final map will be expeditiously obtained and that the houses will actually be built. The allowance for extensions on larger projects has been added so that the bigger developers who require phasing programs are not penalized. If a subdivider merely desires to sell lots or to speculate on future markets, that subdivider may obtain a standard tentative map which could have a potential life of four years, twice as long as a vesting tentative map. Under the proposed ordinance a vesting tentative map or vesting parcel map cannot be approved unless it is found on the basis of the studies and reports submitted by the subdivider that all of the 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 parcel map is valid, plus any additional time during which the rights to build houses exists. In addition, a vesting tentative map or vesting parcel map may not be approved if the proposed map or the design and improvement of the proposed -4- development are not consistent with all applicable general, specific or master plans or zoning ordinances. If a project requires any zoning permits or approvals in addition to a subdivision map then those permits or approvals must be processed concurrently with a vesting tentative map or vesting parcel map and the vesting subdivision map shall not be approved unless all other discretionary approvals required for the project have either been previously approved or are approved concurrently with the subdivision map. Approval of a vesting subdivision map confers the right to proceed with residential development in substantial compliance with the ordinances, policies and standards in effect at the time the subdivision application was submitted unless a particular section of the Map Act is repealed in which case the approval confers the right to proceed with development in compliance with the ordinances, policies and standards in effect at the time the vesting map was approved. The ordinance provides that disputes over whether a development substantially complies with the approved map or with the ordinances, policies and standards shall be resolved by the City Council. Current law provides that in deciding whether to approve or disapprove a tentative map or tentative parcel map the City shall only apply those ordinances, policies and standards in effect on the date the application was deemed complete and that the City may apply different ordinances, policies or standards then those in effect on the application date if before the application was complete the City had formally initiated proceedings by way of a resolution or ordinance to amend any ordinance, policy or standard and had given published notice of the proposed amendments. In February 1983 in a memorandum outlining certain revisions to the subdivision ordinance we recommended that the City should by way of a resolution of intention of the City Council formally initiate proceedings whenever it is considering making important changes to ordinances, policies or standards which may effect development. We also suggested that major revisions to policies, procedures or standards which will effect subdivisions be reviewed and updated on a regular basis in order to allow staff to keep better track of which laws apply to which subdivisions. Because of the new vesting map procedures we reiterate this advice. Once a vesting tentative map or vesting parcel map is approved the subdivider has a right for the life of the vesting map, to obtain subsequent permits for development as long as the development substantially complies with approved map. The subsequent permits or entitlements for development may not be conditionally approved or denied unless the City determines that failure to condition or deny the permit would place residents of the subdivision or the immediate community in a condition °\ -5- dangerous to their health or safety or the condition or denial is required in order to comply with state or federal law. The right to develop in accordance with & vesting subdivision map expires if a final map or parcel map is not approved prior to the expiration of the vesting tentative or vesting tentative parcel map or if the applicant has requested and the City has approved a change in the type, density, bulk or design of the development unless the City has also approved an amendment to the vesting subdivision map. Once a final map or parcel map has been filed the vested right to proceed with development continues for one year. If a subdivision is phased a separate one year period applies for each phase. This one year period is automatically extended for any time used for the processing of a grading permit if the processing time exceeds 30 days. In addition, the subdivider has the right to apply for a one year extension of the time period which the City Council may approve, conditionally approve or deny in its sole discretion. If during the period for which vesting rights exist the subdivider submits a complete application for a building permit, the vested rights continue until the expiration of that building permit or any extension of the permit. Building permits are generally good for 180 days but are routinely extended if there has been substantial work completed by the builder during the previous permit period. If the time limits for the vested rights expire the subdivision is treated the same as any subdivision which was not processed pursuant to the vesting subdivision map procedure. That is, subsequent changes in ordinances, policies or standards will apply to the subdivision. We believe that the ordinance implements the state law for vesting subdivision maps in a manner which is most protective of the City's interest. Consistent with past City Council policy we have utilized the shortest possible time periods in establishing the deadlines for the various expirations and filings required under the law. In addition, we have attempted to require that the subdivider provide the City with all the information that will be necessary to make a judgment on the project early on in the development process. Because the rights conferred by a vesting tentative map are substantial it is our opinion that most subdividers will choose to file vesting maps rather than standard maps. However, we have attempted to draft the ordinance in such a manner that the actual construction of houses will occur and speculation will be kept to a minimum. To assist you in analyzing the proposed ordinance we have attached some implementation information that was provided by the League of California Cities and County Supervisors Association which answers many of the questions raised about vesting tentative o -6- maps. The law requires that the City begin permitting vesting tentative maps on January 1, 1986. VINCENT F. BIONDO, JR. City Attorney BY: DANIEL S. HENTSCHKE Assistant City Attorney rmh attachments >• > i ~o ~" >. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 5 6 7 8 9 10 11 12 13 14 l*«* 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a =; < ». o w <o n 3 5 ^11«5ul nhn 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 20 20 17.030 Rights conferred, 17.040 Consistency with zoning and general plan, 17.050 Applications inconsistent with current policies. 20.17.060 Effective. 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. (c) In addition to the other information required by this title to be shown on or provided with a tentative map or tentative parcel map a vesting tentative map or vesting tentative "-§-•- '* 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 19 20 21 22 23 24 25 26 27 28 parcel map shall show or be accompanied by the following information in a form satisfactory to the City Engineer and Land Use Planning Manager: (1) The height, bulk and location of proposed buildings. (2) Information on the uses to which the buildings will be put and general architectural renderings of the buildings. (3) Detailed lot lines and dimensions. (4) Detailed design and specifications for all 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. (5) Detailed geological, drainage, flood control, 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. (f) Notwithstanding the provisions of Section 20.12.110 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 20.12.100 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. (g) Notwithstanding Section 20.24.180 of this code the 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 UJ <i&ii S z o 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 bodyr 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. (b) Notwithstanding subsection (a) a permit or 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: (1) A failure to condition or deny the permit or 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 (2) The condition or denial is required in order 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. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. -(f) A subdivider may apply to the City Council for a 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. (g) 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. (h) Upon the expiration of the time limits specified in subsections (a), (d), (e), (f), or (g) 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. 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 hje 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 20f 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." O CD m « 5 1 Isif5 3 < 3 H|M o S Si fflz o to > o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (18X 19 20 21 22 23 O/1A** 25 26 27 28 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 ,~ 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 ^^^^^^f^^^ffim AND LEGALITY \T .1 / ' \^^%2^/y At'a:"n"y^^/Ty 'jfflk£jrVltjf^Nli^iT :&i0^)0x=;.J:Rt City Attorney A .' ^-7f // tfL s/U-*^,<^ U • ^*^<^__ MARY H. CASLER, Mayor(/ ATTEST: - 1 S~l /jjbXfj^ A. K^d4jJ^fcA*a~-^ ALETHA L. RAUTENKRANZ, City CYerk J 6. -4 - 't