Loading...
SR-400-003 "- _ ..:.-; ~ - faP - aJ3 Santa Monica, California e __ 1//, . ~j:~ (-"'! .-. ~-- j ! CA:RMM:jsh:jhord1s2 City council Meeting 11-26-85 STAFF REPORT ~-I< NOV 2 6 1985 TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance Adding section 9325 to Municipal Code to provide for Vesting Tentative Maps At its meeting on November 12, 1985, the City Council introduced for first reading an ordinance adding section 9325 to the Santa Monica Municipal Code to provide for vesting tentative maps. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Roberty M. Myers, City Attorney Jonathan S. Horne, Deputy City Attorney fa-i<- NDV 2 6 1985 It e CA:RMM:jsh:jhordl City Council Meeting 11-26-85 Santa Monica, California ORDINANCE NUMBER 1347(CCS) city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 9325 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR VESTING TENTATIVE MAPS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9325 is added to the Santa Monica Municipal Code to read as follows: SECTION 9325. Vestinq Te~tative Map. (a) A "vesting tentatlve map" lS a tentative map as defined in this Chapter which shall have printed conspicuously on its face the words "Vesting Tentative Hap" and which is processed in accordance ";vi th this section. (b) This section shall only apply to residential developmer:.t.s. \oJhenever a tentative map for a residentlal development is required by thls Chapter, a vesting tentative map may be flIed instead. If a subdi v ider does not seek tlle rights conferred by a vesting tentatlve map, the - 1 - It filing of a e vesting tentative map shall not be required as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (c) A vesting tentative map shall be processed in the manner provided in Sections 9323 and 9324 of this Chapter. A vesting tentative map shall be filed in the same form and with the same content as provided in Sections 9321 and 9322 of this Chapter except that the words "Vesting Tentative r1ap" shall be conspicuously printed on the face thereon. (d) A vesting tentative map shall expire and be subject to the same extensions as apply to a tentative map as set forth in this Chapter. (e) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those ordinances, policies and standards in effect as of the date the app1lcation for a vesting tentative map is determined to be complete, or as otherwise permitted by Government Code Section 66474.2. If Government Code Section 66474.2 is - 2 - e repealed, the approval or e 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 in effect at the time the vesting tentative map is approved or conditionally approved. Approval of a vesting tentative map shall in no way limit or diminish the authority of the City to deny or impose reasonable condi tions in conjunction with subsequent approvals relating to the project provided the C~ty applies those ordinances, policies and standards in effect at the time of approval of the vesting tentative map. (f) Notwithstanding subsection (e), the City may condition or deny a permit, approval, extension, or entitlement for use based upon ordinances, policies and standards enacted subsequent to the time the vestl?'~g tentative map is approved or conditionally approved if any of the fo11ow~ng are determined: (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. - 3 - e e (2) The condition or denial is required in order to comply with state or federal law. (g) The rights referred to in this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 9328. After the final map is approved, the rights referred to in this section shall apply for the following time periods: (1) An initial time period of one year. Where several final maps are recorded on various phases of a proj ect 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 provided in subsection (g) (1) shall be automatically extended by any time used by the City for processing a complete app11cat.ion for a gradl.r.g permit or for design or architectural reV1ew, if the time to process application exceeds 30 days from the date a complete appl:.cation 1S filed. (3) A subdlvlde= may apply to the Planning Commission for a one year - 4 - e extension at e any time prior to the expiration of the initial time period provided by this Section. If the extension is denied, the subdivider may appeal that decision to the City Council within 15 days. (4) If the subdivider submits a complete app11cation for a building permit during the time period provided in this Section, the vested right to proceed shall be extended until the expiration of the building permit. eh) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The Clty shall deny such a vesting tentative map or approve it cond1.tioned upon the subd1.vide~ obtalning the necessary change in the zoning ordinance to eli1l'inate the inconsistency. If the change in the zonlng ordinance is obta~ned, the approved or condit~onally approved vesting tentative ~ap shall confer the vested right to proceed wlth development in SUDstantlal compliance with - 5 - e e the change in the zoning ordinance and the map as approved. (i) Nothwithstanding any provision of this section, a property owner or his or her designee may seek approvals or permits for development which departs from the ordinances, policies and standards described in subsection (e), the city may grant these approvals or issue these permi ts to the extent that the departures are authorized under applicable law. SECTION 3. Any provlsion of the Santa Monica Municipal Code or appendices thereto inconsitent with the provisions of this ordinance, to the extent of S".lch inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be lnvalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Councl1 hereby declares that it would have passed thlS ordina~ce and each and every -1-' sec...lon, subsectlon, sentence, clause or phrase not declared invalid or unconstitutlqnal ,"lithout regard to whether any portion of the ordlnance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the city Clerk shall attest to the passage of this ordinance. The City Clerk shall - 6 - . . It same to be publ ished once in cause the e the official newspaper The ordinance shall become within 15 days after its adoption. effective after 30 days from its adoption. APPROVED AS TO FORM: ~ v-. \.---...c- ROBERT M. MYERS I.) City Attorney - 7 - e e Adopted and approved this 26th day of November, 1985. tJ~~ k.;2L~-!!- Mayor " I hereby c erti fy that the foregoIng Ord inane e No. 1347 (CCS) was duly and regularly introduced at a meetIng of the CI ty CouncIl on the 12th day of November 1985; that the said OrdInance was thereafter duly adopted at a meetIng of the City CouncIl on the 26th day of November 1985 by the following CouncIl vote: Ayes: Councilmembers: Conn, JennIngs, EpsteIn, A. Katz, H. Katz, Zane and Mayor Reed Noes: Councl1members: None Abstaln: Councilmembers: None Absent: Councllmembers: None ATTEST: ~'Jh~ CIty Clerk