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HomeMy WebLinkAboutOrdinance 1643 N.C.S. 01/21/1986~~ ~~~ ~~ ~ 3~ ~ O ~~~ ~ ORDINANCE NO. 1643 N.C.S. INTRODUCED BY: SECONDED BY: Larry Tencer Michael Davis AN ORDINANCE AMENDING PETALUMA MUNICIPAL CODE BY ADDING SECTIONS 20.08.34 AND CHAPTER 20.18, ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS AND VESTING PARCEL MAPS The City Council of the City of Petaluma does ordain as follows: Section 1. Purpose and Intent The purpose of this ordinance is to establish procedures necessary for the implementation of the Vested Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance. Except as otherwise set forth in the provisions of this ordinance, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance. It is the intent of this Chapter that no land shall be subdivided and developed which is inconsistent with the General Plan and any applicable specific plan or not permitted the the zoning ordinance or other applicable provisions of the Municipal Code. To accomplish this purpose, the regulations outlined in this ordinance are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Section 2. Chapter 20.08 of the Petaluma Municipal Code is hereby amended to add Section 20.08.340 thereto: 1 ,~ 20.08.340 Vesting Tentative Map A "vesting tentative map" shall mean a "tentative .map" for a residential subdivision, as defined in City Subdivision Title 20, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with §20.18, and is thereafter processed in accordance with the provisions hereof . SPrtinn ~ _ Chapter 20.18 is hereby added to the Petaluma Municipal Code to read as ,follows Chapter 20.18 VESTING TENTATIVE MAP Sections 20.18.010 Defined. 20.18.020 Application. 20.18.030 Filing and Processing. 20.18.040 Fees . 20.18.050 Expiration. 20.18.060 Development Rights. 20.18.070 Zoning Inconsistency 20.18.080 Applications -Inconsistent with Current Policies 20.18.010 Defined (a) A "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in the Petaluma Municipal Code, Title 20, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with §20..18.030, and is thereafter processed in accordance with the provisions hereof . (b) All other definitions set forth in the Title 20 are applicable. 20.18.020 Application (a) This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Title, requires the filing of a tentative map or parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof. (b) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. 2 Ord No. 1643 N.C.S. ~ , 20.18.030 Filing and Processing A vesting tentative map shall be filed in the same form and have the same contents accompanying data and reports and shall be processed in the same manner as set forth in Chapter 20.16 for a tentative map except as hereinafter provided: (a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map" . (b) At the time a vesting tentative map is filed a subdivider shall also supply the following information: 1. height, size, and location of buildings 2. information on the uses to which the buildings will be put 3. detailed grading plans 4. architectural plans 20.18.040 Fees Upon filing a vesting tentative map, the subdivider shall pay the fees as established by resolution of the City Council for the filing and processing of a tentative map. 20.18.050 Expiration of Vesting Tentative Map The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by Section 20.24.010 for the expiration of the approval or conditional approval of a tentative map . 20.18.060 Development Rights A. Vesting on Approval of Vesting Tentative Map 1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code §66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the City of Petaluma ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. B. Notwithstanding subdivision A, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined: 3 Ord No 1643 N.C.S. ~, .t. 1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. 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 shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in §20.18.050. If the final map is approved, such rights shall last for the following periods of time 1. An initial time period of one year, from the recordation of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in Paragraph C.1 above 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 30 days, from the date a complete application is filed. 3. A subdivider may apply for a one-year extension in a manner as set forth in Section 20.24.010 at any time before the initial time period set forth in Paragraph C .1 expires . If the extension is denied, the subdivider may appeal that denial to the C ity Council within 15 days . 4. If the subdivider submits a complete application for a building permit during the periods of time specified in Paragraphs C.1 - 3 above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 20.18.070 Development Consistency with Zoning Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance or General Plan in existence at that time, the City shall deny such a vesting tentative map. ~artinn 4. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of 4 Ord No 1643 N.C_S_ e competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each all all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. Section 5. The City Council hereby finds that the proposed .amendments are in general conformity with the Petaluma General Plan and any applicable Environmental Design Plan, and Further, that the public health., safety and general welfare will be furthered by the proposed amendments. co,,,-;,,,, ~ The City Clerk is hereby directed to post this ordinance for the period and in the manner required by the City Charter. INTRODUCED and order posted/published this 6th day of January 198. ADOPTED this 21st day of January 1986, by the following vote: AYES: Bond, Cavanagh, Davis, Tnloolsey, Tencer, V.M. Balshaw, Mayor Mattel NOES: None ABSENT: None A A ord. muni reso4 ~~ ..,~ ': ~ ..1 w_. Mayor 5 Ord No 1643 N_C.S.