HomeMy WebLinkAbout2011-08-23; City Council; 20662; AMENDMENT CODE IMPLEMENT VESTING TENTATIVE MAP15
CITY OF CARLSBAD - AGENDA BILL
20.662AB#
MTG- 8/23/11
DEPT. CED
AMENDMENTS TO THE CARLSBAD MUNICIPAL
CODE, TITLE 20 - SUBDIVISIONS, TO
IMPLEMENT VESTING TENTATIVE MAP
RECOMMENDATIONS OF THE DEVELOPMENT
REVIEW PROCESS WORKING GROUP
SUMMARY RECOMMENDATIONS REPORT -
MCA 10-02
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. CS-155. AMENDING the Carlsbad Municipal
Code, Title 20 - Subdivisions, to implement Municipal Code amendments recommended by the
Development Review Process (DRP) Working Group Summary Recommendations Report (November
17,2009).
ITEM EXPLANATION:
This proposal is one in a series of Municipal Code amendments recommended by the city's
Development Review Process (DRP) Working Group (2009), and consists of city-initiated
amendments to implement the Vesting Tentative Map Ordinance initiative, as identified in the DRP
Summary Recommendations Report accepted by City Council on November 17, 2009.
The existing sections of Title 20 pertaining to vesting tentative maps/tentative parcel maps contain a
number of additional requirements not contained in the Subdivision Map Act. These provisions
require developers submitting vesting tentative maps/tentative parcel maps to perform all required
final design (grading plans, improvement plans, and landscape plans) prior to receiving approval of
the vesting tentative map/tentative parcel map. Due to the prohibitive expense and time impacts of
doing final design and plan check concurrently with discretionary project processing, developers have
not utilized vesting tentative maps/tentative parcel maps in Carlsbad. A brief discussion of the
specific additional information currently required by the Municipal Code, the reasons for the inclusion,
and the reasoning for the suggested deletion of the requirement, follows.
Detailed lot lines and dimensions [CMC 20.17.020(c)(1)]
The existing requirement for detailed lot lines and dimensions was included because the city engineer
believed that the detailed information was necessary to accurately analyze the potential impacts of the
proposed development. As a matter of current practice, all tentative maps are submitted with
sufficiently detailed lot line dimensions to analyze the design for conformance to the Subdivision Map
Act and Municipal Code, and no additional requirement is necessary.
DEPARTMENT CONTACT: Glen Van Peski 760-602-2783 Glen.VanPeski @carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
Introduced Ord. CS-155
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Detailed design and specifications for all public facilities [CMC 20.17.020(c)(2)]
Detailed design of sewer, water, storm drains and roads were required based on city engineer
belief that the information was needed to ensure that the improvements could be built to
standards sufficient to serve the proposed development and mitigate any adverse impacts
created by the project. However, an approved vesting tentative map does not prevent the
developer from having to prepare grading and improvement plans. The detailed information on
the grading and improvement plans must match engineering standards in place at the time the
vesting tentative map application was deemed complete. If the developer did not provide
sufficient detail on the vesting tentative map to allow the detailed design to meet current
standards, then it places the developer's approval at risk, and they would be required to apply
for an amendment of their approved vesting tentative map, or a finding of substantial
conformance per Engineering Policy No. 30. Current practice is that the design of roads and
utilities are worked out to a sufficient level of detail to avoid changes during final design, prior to
approval of a tentative map. Therefore, no additional requirement for an extraordinary level of
detail is warranted.
Detailed geological, drainage, flood control, soils, traffic or other reports [CMC
20.17.020(c)(3)]
The developer was required to provide detailed 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, including a fiscal impact report. Since that time (1985), there
has been a general increase in the level of detail of reports submitted with tentative maps.
Preliminary geotechnical reports, hydrology studies, storm water management plans, and other
studies as appropriate are routinely required with tentative map submittals. A level of
information sufficient to analyze the proposed design is available when the tentative map is
being reviewed. These reports are then expanded and updated for final design. Since the
passage of the growth management ordinance, Local Facility Management Plans (LFMPs)
ensure that the fiscal impacts of the proposed project on public facilities are thoroughly
analyzed. Therefore, no additional requirement for detailed reports for a vesting tentative map
is necessary.
Detailed final grading plans [CMC 20.17.020(c)(4)]
The subdivider was required to provide detailed final grading plans to permit assessment of all
environmental impacts of the project. The detailed information on the final grading plan must
match engineering standards in place at the time the vesting tentative map application was
deemed complete. If the developer did not provide sufficient detail on the vesting tentative map
to allow the detailed final grading design to meet current standards, then it places the
developer's approval at risk, and they would be required to apply for an amendment of their
approved vesting tentative map, or a finding of substantial conformance per Engineering Policy
No. 30. The current standard of practice, given advances in computerized design and drafting,
is that the grading information shown on tentative maps is sufficiently detailed that the final
grading plans closely conform to the tentative map design. Therefore, no additional requirement
for an extraordinary level of detail is required.
Detailed landscape plans [CMC 20.17.020(c)(5)]
The subdivider was required to provide detailed landscape plans and detailed environmental
information to permit assessment of all environmental impacts of the project. The preliminary
landscape plans currently required at tentative map submittal are of sufficient detail to allow the
environmental impacts to be analyzed, so no additional requirement for an extraordinary level of
detail is required.
2.
PageS
Detailed environmental information [CMC 20.17.020(c)(6)]
The subdivider was required to provide detailed environmental information to permit
assessment of all environmental impacts of the project. Adequate environmental review
conforming to CEQA and local ordinances is required for all tentative maps by CMC
20.04.070(a). There is no additional information necessary by virtue of the application being a
vesting tentative map.
Information necessary to comply with state or federal requirements [CMC 20.17.020(c)(7)]
The developer is required to include all information on a tentative map application, whether
vesting or not, necessary for city staff to verify that the design complies with state or federal
requirements. The requirement for a preliminary storm water management plan is an example
of information required so staff can verify that the project will comply with state storm water
standards. This is a component of the standard review of tentative maps, so no additional
requirement is necessary in the case of vesting tentative maps.
The Subdivision Map Act states that an approved vesting tentative map "...shall confer a vested
right to proceed with development in substantial compliance with the ordinances, policies and
standards described in Section 66474.2 (i.e. those in effect at the time the tentative map
application was deemed complete)." In the vast majority of cases, a development will fall into a
category that requires further discretionary approvals before building homes (CDP/SDP/PUD
required due to being in Coastal Zone, Master Plan requirements, Beach Area Overlay, Q
Overlay, or split General Plan designation). Even absent any of the other requirements for
additional discretionary approvals, building permits would be scrutinized for architectural
compliance with Council Policy 44.
With an approved vesting tentative map/tentative parcel map, the developer still has to prepare
final engineering plans and obtain approval of those plans prior to construction. The only
difference is that if the ordinances, policies and standards change, the developer has the right to
proceed under the previous requirements. The city would no longer have the ability to impose
new standards and policies on the approved project for the time of the vested rights, which
extend for an initial period of one or two years past recordation of the final map, plus the length
of time the developer spent obtaining grading and building permits.
Under the current code and procedures, when a developer obtains approval of a non-vesting
tentative map/tentative parcel map, those conditions are locked in, and the first opportunity the
city has to add new conditions is if the developer applies for a time extension of the map
approval. With a vesting tentative map/tentative parcel map, those conditions, as well as the
standards and policies, would be locked in for the time period of the vested rights.
Depending on the amount of time a developer takes to process grading plans and building
plans, the vesting rights could extend for a number of years past the recordation of the final
map, and an even longer time from the approval of the vesting tentative map/tentative parcel
map. During this time period, the developer would still have to comply with changed
ordinances, policies and standards based on changes in state or federal law. The city maintains
the right to condition time extensions of vesting tentative maps/tentative parcel maps where
necessary to ensure the public health and/or safety of the project residents or the surrounding
community.
Changes to the city ordinances, policies and standards that would impact an individual project in
significant ways do not occur with great frequency. The most significant impact on project
design over the last few years has been due to changes in storm water regulations. Since
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storm water regulations are state requirements, a vesting tentative map would not protect
developers from these changes. Similarly, changes in the building codes will have to be
complied with, even in the case of an approved vesting tentative map/tentative parcel map.
ENVIRONMENTAL IMPACT:
Carlsbad Municipal Code Title 19, Environmental Protection Procedures, identifies minor
municipal code amendments which do not lead to physical improvements beyond those typically
exempt or which refine or clarify existing land use standards as being exempt from the
California Environmental Quality Act (CEQA) and thus not requiring environmental review. This
exemption is pursuant to State CEQA Guidelines Section 15061(b)(3), which states "when it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA."
FISCAL IMPACT:
Since these proposed code changes eliminate the requirement for additional information to be
shown on vesting tentative maps/tentative parcel maps, no additional staff time will be required
to analyze a vesting tentative map/tentative parcel map compared to a standard tentative
map/tentative parcel map. As such, eliminating the additional fee for processing a vesting
tentative map/tentative parcel map would have no fiscal impact to the city.
EXHIBITS:
1. City Ordinance No. CS-155
2. Strikeout version of proposed Ordinance
EXHIBIT 1
1 ORDINANCE NO. CS-155
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
3 MUNICIPAL CODE, TITLE 20 - SUBDIVISIONS, TO IMPLEMENT
VESTING TENTATIVE MAP RECOMMENDATIONS OF THE
4 DEVELOPMENT REVIEW PROCESS WORKING GROUP
SUMMARY RECOMMENDATIONS REPORT -MCA 10-02
5
6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
Section 1:
9 That Title 20, Chapter 20.04, Section 20.04.020, subsection (24) of the Carlsbad
Municipal Code is amended to read as follows:
"20.04.020 - Definitions.
11
(24) "Vesting tentative map" means a tentative map for a subdivision which conforms to
12 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."
14
Section 2:
15
That Title 20, Chapter 20.17, Section 20.17.020 of the Carlsbad Municipal Code is
16
amended to read as follows:17
"20.17.020 -Filing.1 8
(a) Whenever this title requires the filing of a tentative map or a tentative parcel map
the subdivider may file a vesting tentative map or vesting tentative parcel map
20 subject to the provisions of this chapter.
(b) At the time a vesting tentative map or vesting tentative parcel map is filed, it shall
21 have printed conspicuously on its face, "Vesting Tentative Map" or "Vesting
Tentative Parcel Map," whichever is applicable."
22
Section 3:
23
That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
24
20. 17.025 as follows:
25 "20.17.025 - Processing.
26
(a) The processing of vesting tentative maps shall be consistent with the processing of
27 tentative maps per Chapter 20.12.
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1 (b) The processing of vesting parcel maps shall be consistent with the processing of
tentative parcel maps per Chapter 20.24."
2
Section 4:
3
That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
4 20.17.028 as follows:
5 "20.17.028-Expiration.
(a) A vesting tentative map or vesting tentative parcel map shall expire consistent with
7 the provisions contained in this title for tentative maps and tentative parcel maps,
whichever is applicable. The vesting tentative map or vesting tentative parcel map
shall be subject to the same regulations regarding time extensions as provided in this
title for extensions of tentative maps or tentative parcel maps, whichever is applicable.
All related city permits or approvals for projects including a vesting tentative map or
vesting tentative parcel map shall expire on the same day as the vesting tentative
map or vesting tentative parcel map expires.
(b) The expiration of an approved or conditionally approved vesting tentative map or
11 vesting tentative parcel shall terminate all proceedings consistent with the provisions
contained in this title for tentative maps and tentative parcel maps, whichever is
12 appropriate."
13 Sections:
14 That Title 20, Chapter 20.17, Section 20.17.030 of the Carlsbad Municipal Code is
I c- amended to read as follows:
"20.17.030 - Rights conferred.
16
(a) Approval or conditional approval of a vesting tentative map or vesting tentative
17 parcel map shall confer a vested right to proceed with development in substantial
compliance with the ordinances, policies and standards in effect at the date the
18 application is deemed complete, as described in Section 66474.2 of the
Government Code. However, if Section 66474.2 is repealed the approval shall
19 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
20 map or vesting tentative parcel map was approved or conditionally approved. Any
disputes regarding 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 decision-making
22 body which approved the vesting tentative map or vesting tentative parcel map, in
accordance with Sections 20.12.093 and 20.24.140.23
(b) Notwithstanding subsection (a) of this section, a permit, approval, extension or
24 entitlement for development may be conditionally approved or denied if the
decision-making body determines:
(1) A failure to condition or deny the permit, approval, extension or entitlement
would place the residents of the subdivision or of the immediate community
or both in a condition dangerous to their health or safety or both; or
27 (2) The condition or denial is required in order to comply with state or federal law.
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(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 a change in the type, density, bulk or design of
4 the development unless an amendment to the vesting tentative map or
vesting tentative parcel map has been approved.
(d) If the final map or parcel map is approved prior to the expiration of the vesting
, tentative map or vesting tentative parcel map, the vested rights conferred by
subsection (a) of this section shall last as follows:
7 (1) The vested rights shall last for an initial time period of two years from the
recording of the final map or parcel map. Where several final maps or parcel
8 maps are recorded on various phases of a project covered by a single vesting
tentative map or vesting tentative parcel map the two-year initial period shall
9 begin for each phase when the final map or parcel map for that phase is
recorded.
(2) The two-year initial time period shall be automatically extended by any time
used for processing a complete application for a grading permit or for design
or architectural review, if such processing exceeds thirty days from the date a
12 complete application is accepted.
(3) A subdivider may apply to the decision-making body for a one-year extension
13 of the vested rights at any time before the initial two-year time period expires.
An extension may be granted only if the decision-making body finds that the
14 map still complies with the requirements of this title. The decision-making
body may approve, conditionally approve or deny an extension in its sole
15 discretion, subject to appeal in accordance with Chapter 20.12 or 20.24.
(4) If the subdivider submits a complete application for a building permit during
the periods of time set forth in subsections (d)(1) through (3) the vested rights
17 shall continue until the expiration of that building permit or any extension of
that building permit.
18 (e) Upon the expiration of the time limits specified in subsections (a) and (d), all vested
rights conferred by this section shall cease, and the project shall be considered the
19 same as any subdivision which was not processed pursuant to this chapter.
20 (f) 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
21 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 tentative map
22 or vesting tentative parcel map."
Section 6:
24 That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
25 20.17.035 as follows:
26 "20.17.035 - Amendments.
27 If the ordinances, policies, or standards described in Section 20.17.030(a) change
subsequent to the approval or conditional approval of a vesting tentative map or vesting
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changed ordinances, policies, or standards for which the amendment is sought."
4
Section 7:
5
That Title 20, Chapter 20.08, Section 20.08.010 of the Carlsbad Municipal Code is
amended to read as follows:
7 "20.08.010 - Tentative map fee.
o
A tentative map examination fee in an amount established by city council resolution shall
be paid to the planning department at the time a tentative map is filed with the planning
10
9 commission.."
11
12 amended to read as follows:
13
15
22
tentative parcel map, the subdivider, or his or her assignee, may apply for an
amendment to the vesting tentative map or vesting tentative parcel map to secure a
vested right to proceed with the changed ordinances, policies, or standards. The
application shall be made prior to the expiration of the vesting tentative map or vesting
tentative parcel map pursuant to Section 20.17.028(a) and shall clearly specify the
Section 8:
That Title 20, Chapter 20.08, Section 20.08.060 of the Carlsbad Municipal Code is
"20.08.060 - Tentative parcel map fee.
At the time of submission of a tentative parcel map, there shall be paid to the
engineering department a tentative parcel map examination fee in an amount
determined by the city council by resolution."
,,. Section 9:lo
That Title 20, Chapter 20.20, Section 20.20.020(c) of the Carlsbad Municipal Code is
amended to read as follows:
1 80 "20.20.020 - City council to approve maps.
19
(c) Multiple or "phased" final maps may be filed for portions of the tentative map,
provided that the tentative map approval by the city council, or planning
commission when authorized, divides a subdivision into units and the final map or
21 ' "phased" final map substantially conforms to one or more of such units and
complies with all conditions applicable to such units. The number of final maps or
"phased" final maps which may be filed shall be determined by the city council or
planning commission at the time of the approval or conditional approval of the
tentative map. When dividing a subdivision into units, the city council or planning
commission shall ensure that the design and improvement of each unit are
24 consistent with the provisions of this title. If the subdivider is subject to a
requirement to construct or improve or finance the construction and improvement
of public improvements outside the boundary of the subdivision the cost of that
requirement shall be established at the time the tentative map is approved. If the
cost of the off-site public improvements requirement is one hundred thousand
• dollars or more it shall be a condition of the tentative map that additional conditions
may be placed on the extension of the tentative map which occurs by operation of
28
1 Section 20.12.110(b) of this code; and further, it shall be a condition that upon the
filing of any multiple final map or phased final map the council may modify or
2 eliminate the phasing scheme."
3
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
4
the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once
5
in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its
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adoption.
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1 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
2 the day of , 2011, and thereafter
3 PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
4 Carlsbad, California, on the day of , 2011, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8
9 APPROVED AS TO FORM AND LEGALITY:
10 RONALD R. BALL, City Attorney
11 MATT HALL, Mayor
12 n
ATTEST:
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LORRAINE M. WOOD, City Clerk15 (SEAL)
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EXHIBIT 2
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
3 MUNICIPAL CODE, TITLE 20 - SUBDIVISIONS, TO IMPLEMENT
VESTING TENTATIVE MAP RECOMMENDATIONS OF THE
4 DEVELOPMENT REVIEW PROCESS WORKING GROUP
SUMMARY RECOMMENDATIONS REPORT - MCA 10-02
5
6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
7 Section 1:
g That Title 20, Chapter 20.04, Section 20.04.020, subsection (24) of the Carlsbad
o Municipal Code is amended to read as follows:
"20.04.020 - Definitions.
| (24) "Vesting tentative map" means a tentative map for a residential subdivision which
conforms to 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."
13 Section 2:
14 That Title 20, Chapter 20.17, Section 20.17.020 of the Carlsbad Municipal Code is
amended to read as follows:
| "20.17.020 - Filing and processing.
17 (a) Whenever this title requires the filing of a tentative map or a tentative parcel map
jg | for a residential development the subdivider may file a vesting tentative map or
vesting tentative parcel map subject to the provisions of this chapter.
19 (b) At the time a vesting tentative map or vesting tentative parcel map is filed, it
shall have printed conspicuously on its face, "Vesting Tentative Mapr" or "Vesting
20 Tentative Parcel Map," whichever is applicable.If the map is a vesting
tentative parcel map, the words "Vesting Tentative Parcel Map" shall appear
21 conspicuously on its face, (c) In—addition—to the—ether—information
required by this title to be shown on or provided with a tentative map or
22 tentative parcel map, a vesting tentative map or vesting tentative parcel map
shall show or be accompanied by the following information in a form
23 satisfactory to the city engineer and planning director:
24 {4}—Detailed lot lines and dimensions;
{2)—Detailed design and specifications for all public facilities including, but not
25 limited to, on-site and off-site sewer, water and drainage facilities, roads
including—final—grades—and—alignment,—and—other—on-site—and—off-site
2" improvements;
27 (3)—Detailed geological, drainage, flood control, soils, traffic or other reports
deemed necessary by the city engineer or planning director to permit a
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Section 3:
That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
20. 17. 025 as follows:
"20.17.025 - Processinq.
1 (a) The processing of vesting tentative maps shall be consistent with the
processing of tentative maps per Chapter 20.12.
2 (b) The processing of vesting parcel maps shail be consistent with the
processing of tentative parcel maps per Chapter 20.24."
3
Section 4:
4
That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
5 20.17.028 as follows:
6 "20.17.028-Expiration.
(a) A vesting tentative map or vesting tentative parcel map shall expire consistent
g with the provisions contained in this title for tentative maps and tentative
parcel maps, whichever is applicable. The vesting tentative map or vesting
9 tentative parcel map shall be subject to the same regulations regarding time
extensions as provided in this title for extensions of tentative maps or tentative
10 parcel maps, whichever is applicable. AH related city permits or approvals for
projects including a vesting tentative map or vesting tentative parcel map shall
11 expire on the same day as the vesting tentative map or vesting tentative parcel
map expires.
12 (b) The expiration of an approved or conditionally approved vesting tentative map
or vesting tentative parcel shall terminate all proceedings consistent with the
13 provisions contained in this title for tentative maps and tentative parcel maps,
whichever is appropriate."
14
Section 5:
15
That Title 20, Chapter 20.17, Section 20.17.030 of the Carlsbad Municipal Code is
amended to read as follows:
17 "20.17.030 - Rights conferred.
18 (a) Approval or conditional approval of a vesting tentative map or vesting tentative
parcel map shall confer a vested right to proceed with residential development in
19 substantial compliance with the ordinances, policies and standards in effect at the
date the application is deemed complete, as described in Section 66474.2 of
20 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
21 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
22 disputes regarding whether a development substantially complies with the
approved or conditionally approved map, or with the ordinances, policies or
23 standards described in this subsection, shall be resolved by the etty
councildecision-making body which approved the vesting tentative map or
24 vesting tentative parcel map, in accordance with Sections 20.12.093 and
20.24.140.25 (b) Notwithstanding subsection (a) of this section, a permit, approval, extension or
26 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
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1 by the issuing authority or the city council on appoalthe decision-making
body determines:
2 (1) A failure to condition or deny the permit, approval, extension or entitlement
- would place the residents of the subdivision or of the immediate community
or both in a condition dangerous to their health or safety or both; or
4 (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:
6 (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.
9 (d) If the final map or parcel map is approved prior to the expiration of the
vesting tentative map or vesting tentative parcel map, the vested rights
10 conferred by subsection (a) of this section shall last as follows:
,, (1) 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) of
this section shall continue for one year. The vested rights shall last for
an initial time period of two years from the recording of the final map or
parcel map. 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 tbis-the two-year initial period shall begin for
each phase when the final map or parcel map for that phase is recorded.
15 (e2) The two-year initial time period set forth in subsection (d) of this section
shall be automatically extended by any time used for processing a complete
16 application for a grading permit or for design or architectural review, if
such processing exceeds thirty days from the date a complete application is
17 accepted.
(13) A subdivider may apply to the city councildecision-makinq body for a one-
year extension of the vested rights conferred by subsection (d) of this
section at any time before the initial two-year time period sot forth in
subsection (d) of this section expires. An extension may be granted only if
20 the council decision-making body finds that the map still complies with the
requirements of this title. The city councildecision-making body may
approve, conditionally approve or deny an extension in its sole discretion
subject to appeal in accordance with Chapter 20.12 or 20.24.
22 (g4) |f the subdivider submits a complete application for a building permit during
the periods of time set forth in subsections (d)(1) through (f3) the vested
23 rights referred to therein shall continue until the expiration of that building
permit or any extension of that building permit.
24 («e) Upon the expiration of the time limits specified in subsections (aM and (d). (e), (f),
25 or (g) all vested rights conferred by this section shall ceasei and the project shall
be considered as-the same as any subdivision which was not processed pursuant
26 to this chapter.
(if) Notwithstanding subsection (a)4 the amount of any fees which are required to be
27 paid either as a condition of the map approval or by operation of any law shall be
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1 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 tentative map
2 or vesting tentative parcel map."
3 Section 6:
4 That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
5 20.17.035 as follows:
, "20.17.035 - Amendments.o
7 If the ordinances, policies, or standards described in Section 20.17.030(a) change
subsequent to the approval or conditional approval of a vesting tentative map or
vesting tentative parcel map, the subdivider. or his or her assignee, may apply for
an amendment to the vesting tentative map or vesting tentative parcel map to
secure a vested right to proceed with the changed ordinances, policies, or
standards. The application shall be made prior to the expiration of the vesting
tentative map or vesting tentative parcel map pursuant to Section 20.17.028(a) and
shall clearly specify the changed ordinances, policies, or standards for which the
amendment is sought."
Section 7:
That Title 20, Chapter 20.08, Section 20.08.010 of the Carlsbad Municipal Code is
amended to read as follows:
"20.08.010 - Tentative map fee.15
A tentative map examination fee in an amount established by city council resolution shall
be paid to the planning department at the time a tentative map is filed with the planning
commission. An additional fee in an amount established by city council resolution17 shall be paid for processing a vesting tentative map."
18 Sections:
19 That Title 20, Chapter 20.08, Section 20.08.060 of the Carlsbad Municipal Code is
amended to read as follows:
21 "20.08.060 - Tentative parcel map fee.
22 At the time of submission of a tentative parcel map, there shall be paid to the
engineering department a tentative parcel map examination fee in an amount
23 determined by the city council by resolution. An additional fee as established by city
council resolution shall bo paid for processing a vesting tentative parcel map."24
Section 9:
25
That Title 20, Chapter 20.20, Section 20.20.020(c) of the Carlsbad Municipal Code is
amended to read as follows:
27 "20.20.020 - City council to approve maps.
28
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(c) Multiple or "phased" final maps may be filed for portions of the tentative map,
2 provided that the tentative map approval by the city council, or planning
commission when authorized, divides a subdivision into units and the final map or
3 "phased" final map substantially conforms to one or more of such units and
complies with all conditions applicable to such units. The number of final maps or
4 "phased" final maps which may be filed shall be determined by the city council or
planning commission at the time of the approval or conditional approval of the
5 tentative map. When dividing a subdivision into units, the city council or planning
commission shall ensure that the design and improvement of each unit are
consistent with the provisions of this title. If the subdivider is subject to a
requirement to construct or improve or finance the construction and improvement
7 of public improvements outside the boundary of the subdivision the cost of that
requirement shall be established at the time the tentative map is approved. If the
8 cost of the off-site public improvements requirement is one hundred thousand
dollars or more it shall be a condition of the tentative map that additional conditions
9 may be placed on the extension of the tentative map which occurs by operation of
Section 20.12.110(b) of this code; and further, it shall be a condition that upon the
10 filing of any multiple final map or phased final map the council may modify or
eliminate the phasing scheme. Multiple or phased final maps shall be
11 authorized for vesting tentative maps for which off-site improvements are
required only if tho city council finds that multiple final maps are necessary
12 to accomplish the subdivision, that all off-site improvements are required as
a condition of the zoning for the property or zoning approval for the project,
that phasing of the project is consistent with the city's general plan and any
development—management—or—pwfeHe—facilities—ordinances,—policies—of
regulations, and that the subdivision consists of one hundred or more units."
15
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and16
the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once
in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its18
adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the day of , 2011, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California, on the day of , 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Development Review Process Code AmendmentGlen K. Van PeskiAugust 23, 2011
Development Review Process (DRP)•Summary recommendations report•4 major themes•48 recommendations•9 initiatives
Development Review Process (DRP)•95% complete•One remaining action:¾out for public review shortly
Initiative 9: Vesting Tentative Maps“Consider revising the Carlsbad Municipal Code sections relating to vesting tentative maps so they mimic the Subdivision Map Act provisions.”4
Historical Context¾1984 –Senate Bill 1660 (Montoya) creates chapter 4.5 in Subdivision Map Act entitled “Development Rights”¾1985 –Ordinance 9788 amends Municipal Code to include Vesting Tentative Maps/Tentative Parcel Maps¾2004 –Ordinance NS‐710 amends requirements for vesting maps5
Vested Rights“…proceed with development in substantial conformance with the ordinances, policies, and standards [in effect at the time the application is deemed complete]…”6
Vested RightsDeveloper is protected against:New feesChanges in the zoning ordinanceChanges in engineering standards7
Vested RightsDeveloper is notprotected against:Fee increases that are escalations based on an index specified in the ordinanceChanges in state or federal lawsChanges required for public health and safetyRequirements for subsequent approvals or permits8
Duration of Vested RightsFor life of vesting tentative mapFor two years after recordation of the final map… including an automatic extension for time spent processingFor as long as there is a valid building permit9
Standard Tentative Map10Discretionary
Standard Tentative Map11DiscretionaryFinal Design
Standard Tentative Map12DiscretionaryBldg. PlansFinal Design
Standard Tentative Map13DiscretionaryConstructionBldg. PlansFinal Design
Standard Tentative Map14DiscretionaryConstructionBuildingBldg. PlansFinal Design
Standard Tentative Map15DiscretionaryConstructionBuildingBldg. PlansFinal DesignZoning/Subdivision Standards
Standard Tentative Map16DiscretionaryConstructionBuildingBldg. PlansFinal DesignZoning/Subdivision StandardsEngineering Standards & Fees
Standard Tentative Map17DiscretionaryConstructionBuildingBldg. PlansFinal DesignZoning/Subdivision StandardsEngineering Standards & FeesBuilding Codes & Fees
Vesting Tentative Map18DiscretionaryConstructionBuildingBldg. PlansFinal DesignZoning/Sub. StandardsEngineering Standards & FeesBuilding Codes & Fees
Vesting Tentative Map19DiscretionaryConstructionBuildingBldg. PlansFinal DesignZoning/Sub. StandardsEngineering Stds & FeesBuilding Codes & Fees
Vesting Tentative Map20DiscretionaryConstructionBuildingBldg. PlansFinal DesignZoning/Sub. StandardsEngineering Stds & FeesBuilding Codes & Fees
SummaryStaff has reviewed the vesting tentative map and vesting tentative parcel map provisions in Chapter 20.17 of the Carlsbad Municipal Code, and recommends the changes indicated, to comply with the State Map Act and remove uncertainties for the development community.21
Questions?22