SR-400-003
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Santa Monica, California
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CA:RMM:jsh:jhord1s2
City council Meeting 11-26-85
STAFF REPORT
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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
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NDV 2 6 1985
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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
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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
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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.
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(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
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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
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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
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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
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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:
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ROBERT M. MYERS I.)
City Attorney
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Adopted and approved this 26th day of November, 1985.
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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:
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CIty Clerk