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HomeMy WebLinkAboutOrdinances - No. 1372ORDINANCE NO. 1372 AN 0RDI"m OF TEE CITY COUNCIL OF THE CITY OF LODI ESTABLISHING REGtlLATIONS FOR VESTING TENWiTTvE MAPS FOR RESIDENTIAL SUBDIVISIONS. The City Council of the City of Lodi does ordain as follows: SECTION 1. The City Council of the City of Lodi hereby establishes regulations for vesting Tentative Maps for residential subdivisions, as follows : AFtTIcLE 1. GENERAL PROVISIONS Section 1-1: Citation and Authority This ordinance is enacted pursuant to the authority granted by Chapter 4.5 (ccmmncing with Section 66498.1) of Division 2 of Title 7 of the Government 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. -1 - ...-. . Section 1-2: Pwrpose and Intent __ ~ -. _. . ~ ~ _. -- - -~ It is the purpose of this ordinance to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplmt 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 acccaccplish this purpse, 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 prcanotion of orderly growth and developent. , Section 1-5: Application (a) This ordinance shall apply only to residential developmts. Whenever a provision of the Subdivision Map Act, as hplmted and supplemnted by the City Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential developnt, 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 fonn and have the same contents, accmpanying 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. I' (b) At the time a vesting tentative map is filed a subdivider shall also supply the information as required by the Ccmnunity Developnt Department. -3 - Section 2.2: Fees (a) Upon filing a vesting tentative map, the subdivider shall pay the fees as set and established fram tim to tim 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 mnths 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 ARTICW 3. DEVELOPMENT RIGHTS Section 3-1: Vesting on Approval of Vesting Tentative Map (a) map shall confer a vested right to proceed with developnent The approval or conditional approval of a vesting tentative -4 - in accordance with policies in effect at the date the Codty Developwnt Departrent has determined that the application is ccanplete. (b) Notwithstanding subdivision (a) a permit, approval, extension, or entitlemntmay be made conditional or denied if any of the following are detennined: (1) A failure to do so would place the residents of the subdivision or the inanediate ccnnnunity, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required, in order to cqly with state or federal law. (c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative nap as provided in Section 2-3. If the final map is approved, these rights shall last for the following periods of tb: (1) An initial tim period of 2 years. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial tk period shall win for each phase when the final map for that phase is recorded. -5 - (2) The initial tim period set forth in (c) (1) shall be autcmtically extended by any tirOe 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 request a one-year extension by written applciation to the advisory agency at any tim before the initial tirne 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 s*ts a cqlete application for a building permit 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 3-3: App lications Inconsistent with Current Policies Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for develo-t which depart from the ordinances, policies, -6 - and standards described in sections 3-l(a) and 3-2, and local agencies may grant these approvals or issue these pennits to the extent that the departures are authorized under applicable law. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 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 Mi and shall be in force and take effect thirty days from and after its passage and approval. Attest : hh- * ALICE M. REIMCHE City Clerk -7 - State of California County of San Joaquin, ss. I, Alice M. ReimChe, 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 February 5, 1986 by the following vote: Ayes : Council Menhrs - Olson, Pinkerton, Reid, Snider, and Hinchmn (Mayor) Noes : Council Menhrs - None Absent : Council Menbers - None Abstain: Council Members - None I further certify that Ordinance No. 1372 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. City Clerk Approved as to Form /? F6NALDM. STEIN City Attorney -8 -