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SR-400-003 (2) e f'CO-t)t!? 3 e V-D NOV 1 2 1985 CA:RMM:jsh:jhordls city council Meeting 11-12-85 Santa Monica, California STAFF REPORT TO: Mayor and city council FROM: city Attorney SUBJECT: Ordinance Adding Section 9325 to Municipal Code to provide for Vesting Tentative Maps In 1984, the California Legislature enacted Senate Bill 1660 creating standards and procedures for approving vesting tentative maps for residential development projects. This law requires the city to establish by January 1, 1986, procedures necessary for the implementation of vesting tentative maps. Accordingly, the accompanying ordinance has been prepared and is presented for City Council consideration. A vesting tentative map is essentially a traditional tentative subdivision map which confers a vested right to proceed '"'lith development based upon only those laws and policies in effect when the map is submitted to the city. similarly stated, the vesting tentative map freezes the laws which can be applied to an approved proj ect for a specified period of time. The ordinance does not otherwise limit the authority of the City to regulate all phases of the development. - 1 - ~-J) NOV 1 2 1985 e e SECTION BY SECTION ANALYSIS The following is a section by section analysis of the ordinance. Section 9325(a). vesting tentative map. This section provides a definition of a Section 9325 (b) . This section clarifies that a vesting tentative map only applies to residential projects. Assembly Bill 2143 (Bader) has been adopted which would make a vesting tentative map available for non-residential projects after January 1, 1988. $.ection 9325 Cc) . This section provides that a vesting tentative map will be processed in the same manner and contain the same information as a tentative subdivision map. section 9325 (d) . This section provides that a vesting tentative map will remain valid for the same period of time as a tentative subdivision map. In this regard it should be noted that there is a distinction between the time period for the validity of a vesting tentative map and the duration of the vested rights which are created by the vesting tentative map. A vesting tentative map is valid for a specified period during which a final subdivision map must be approved. The vested rights to proceed with development are created after the approval of the final subdivision map. - 2 - e e section 9325(e). This section establishes that the 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 when a completed application is submitted to the city. This section also clarifies that the approval of a vesting tentative map does not limit the authority of the City to act on subsequent permits provided only these same laws are applied. section 9325 (f) . This section enumera tes the two exceptions to the prohibition on applying subsequently enacted rules to a residential development project. These exceptions apply only when a failure to do so would endanger public safety or when compliance is mandated by state or federal law. section 9325(q). This section establishes the duration of the vested rights which are conferred by a vesting tentative map after the approval of the final subdivision map. The City has discretion to create these rights for a minimum of one year or a maximum of two years from the approval of the final map. This time period may be extended by one year subject to approval of the Planning Commission. This time period would be tolled in the event the time period for processing a granding permit or ARB permit exceeds 30 days. If a building permit is obtained during this time period, the vested rights shall be extended until the expiration of the building permit Section 9325(h). This section provides that the City shall deny an application for a vesting tentative map if it is - 3 - e e inconsistent with the zoning ordinance, unless approval is made conditioned upon obtaining the necessary amendments to the zoning ordinance. section 9325(i). This section provides that in the event a property owner wishes to vary a previously approved project, the variations or changes will be subject to then-existing land use regulations. A copy of Senate Bill 1660 is contained in Appendix A. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney Jonathan S. Horne, Deputy city Attorney - 4 -