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 -