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HomeMy WebLinkAboutAgenda Report - February 5, 1986 (80)1 CITY COUNCIL 'MEETING FEBRUARY 5, 1986 ORDINANCE ESTABLISHING REGULATIONS FDR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS ORD. NO. 1372 ADOPTED Ordinance No. 1372 - An Ordinance of the City Council of the City of Lodi Establishing Regul"tions for Vesting T rotative Maps for Residential Subdivisions having been introduced at a Regular Council Meeting of the Lodi City Council held January 15, 1986 was brought up for passage on motion of Council Member Olson, Reid second. Second reading of the Ordinance was omitted after reading by title and the Ordinance was then adopted and ordered to print by the following vote: Ayes: Council Members - Olson, Pinkerton, Reid, Snider & Hinchman (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None P,()UNCIL COMMUNICAT101-W TO THE CITY COUNCIL DATE NO. FROM THE CITY MANAGER'S OFFICE February 5, 198Q-- SU3JECT: ADOPTIM OF O= NO. 1372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMI ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RMIDENTIAL suffiPasiells Ordinance No. 1372 entitled, "An ordinance of the City Council of the City of Lodi Establishing Regulations for Vesting Tentative Maps for Residential Subdivisions" was introduced by the Lodi City Council at its Regular Meeting of January 15, 1986. The sample ordinance attached includes minor amendomts as suggested by the Council at the time of :Uitroduction. The Ordinance has been approved as to form by the City Attorney. INDICATED ACTION: FbIlowing reading by title, it would be appropriate for the Lodi City council to adopt Ordinance No. 1372 as amended. :� /11 ALICE M. REL City Clerk ORDINANCE No. 1372 The City Council of the City of Lodi does ordain as follows: SDM0N 1. The City Council of the City of Lodi hereby establishes regulations for vesting Tentative Maps for residential subdivisions, as follows: AMME 1 GENERAL PROVISIONS Section 1-1: Citation and Authorizy This ordinance is enacted Wrsuant to the authority granted by Chapter 4.5 (commeming with Section 66498.1) of Division 2 of Title 7 of the Goverment Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute) , and may be cited as the Vesting Tentative Map Ordinance. 5M Section 1-2: Purpose and Intent It is the purpose of this ordinance to establish procedures necessary for the implea-entation of the Vesting 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. To aa:ouplish 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 pr�cn of orderly growth and development. Section 1-5: Application (a) This ordinance shall apply only to residential developments. Menever a provision of the Subdivision Map Act, as imcpiemented and supplemented by the City Subdivision ordinance, rewires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead. be filed, in accordance with the provisions hereof. -2 - (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. Section 2-1: 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 the City Subdivision Ordinance Chapter 16.04 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. M (b) At the time a vesting tentative map is filed a subdivider shall also supply the information as required by the Commtmanity Develcptwnt Department. -3 - Section 2.2: Fees (a) Upon filing a vesting tentative map, the subdivider shall pay the fees as set and established from time to time by resolution of the City Council for the filing and processing or a tentative map. No part of such filing fee is returnable. Section 2-3: Expiration The approval or conditional approval of a vesting tentative map shall expire at the end of 24 months and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map, ARTICLE 3. DEVEI MENl' RIGHTS Section 3-1 -'Tentative on Approval of Vesting Tentative Map (a) The approval or conditional approval of a vesting tentative )=:: map shall confer a vested right to proceed with development in accordance with policies in effect at the date the Community Development Department has determined that the application is complete. (b) Notwithstanding subdivision (a) a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined: (1) A failure to do so would place the residents of the subdivision or the immediate oam*uiity, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required, in order to ocmply with state or federal law. (c) The rights referred to herein shall expire if a fiscal map is not approved prior to the expiration of the vesting tentative map as proviesd in Section 2-3. If the final map is approved, these rights shall last for the following periods of time: (2) 'fie initial time period set forth in (c) (1) shall be automatically extended by any time used for processing a omplete, application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a oomplete application is filed. (3) A subdivider may request a one-year extension by written applciation to the advisory agency at any time before the initial time period set forth in (c) (1) expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days. (4) If the subdivider submits a couplete application for a building penni.t during the periods of time specified in subdivisions -(1) - (3), the rights referred to herein shall continue until the expiration of that pennit, or any extension of. that permit. Section 3-3s Applications Inconsistent with Current Policies Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, -6 - and standards described in secticns 3-1(a) and 3-2, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. SEMICN 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECrICN 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this day of Attest: ALICE M. P3114ME City Clerk s -7 - State of California County of San Joaquin, ss. I, Alice M. Remiche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1372 was introduced at a regular meeting of the City Council of the City of Lodi held January 15, 1986, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1372 was approved and signed by the Mayor on the date of its passage tend the same has been published pursuant to law. ALICE M. REIM= City Clerk Approved as to Form RONALD M. STEIN City Attorney