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Home My WebLink AboutORD 3689t ·. OR~G~~·JAL ORDINANCE NO. 3689 ORDINANCE OF T.HE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING REGULATIONS . FOR VESTING TSNTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS WHEREAS, the California Statf' Legislature has enacted the Vesting Tentative Map Statute {Government Code section 66498~1- 66498.8} which provides certain stat.utot"ily vested rights to a subdivider and which requires local governments to adopt regula tions for processing vesting tentative ·maps for residential subdivisions; and WHEREAS, the State Legislature has determined that the private sector should be able to rely upon an approved vesting tentative map prior to expending resources and incurring liabili ties without the risk of having a project frustrated by subsequent action by the app~oving local agency; and WHEREAS, the City of Palo Alto wishes to establish procedures necessary for the implementation of the Vesting Tent.ative Map Statute and to supplement the provisions of the Subdivision Map Act and Chapter 21 of the Palo Alto Municipal Code, th·:: Subdivi sion Ordinance. NOW, THEREFORE, the Council of the City of Palo Alto does. ORDAIN as follows: SECTION 1. Section 21.0•L030(b}(36) and (37) (Definitions] of 'the Palo Alto Municipal Code are hereby renumbered as 21.04.030 (b)(37) and (38). SECTION 2. Section 2l.04.030(b)(36) (Definitions] is hereby added to the· Palo Alto Municipal Code to read: · (.36) "Vesting tentative map ... mea.ns a "'tentative map" for a residential subdivision, as defined. in sectton 2f.04.030(b){35}, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accorda.nce with Chapter 21.13 of th~ Palo Alto Municipal Code and is thereafter processed in accordance with the pro~isions of this title and the Subdivision Map Act. SECTION 3. Chapter 12.13 [Vi' ·i.::ng Tentative Maps] is hereby · added to the Pal.o Al to Municipal <: ,;.~e to read: Sections:. 21.130010 21.13..020 . 21~13.030 21 .. 13.040 Chapter 12.13 VESTING TENTATIVE MAPS Applic~bil.i~y of chapter. Prodedur~a. · t Development rights vest on approval of vesting tentative map. Amendment of vesting tintative map. 21.13.010 Applicability of chapter. (a) This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map J.\ct (com mencing with sect.ion 66410 of the Government Code), as implemented and supplemented by this subdivision ordinance (Title 21 of the Palo Alt~ rw;unicipal Code), requires the filing of a tentative uiap or preliminary parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter. (b) If a subdivider does not seek th• rights con ferred by a vesting tentative map, the filing of a vesting tentative map shall· not be a prerequisite to any approval for any proposed subdivision, permit for con struction, or work preparatory to construction. 21.13. 020 Pro.cedures. (a) Fili i;1Q ·and Process- ing.. A vesting t.::ntative map shall be .filed in the same form and have the same con ten ts, accompanying data and rE!ports and ~hall be processed in the same manner as set forth. for a tentative map in Title · 21 of .the Palo Al to Municipal code, excapt as provided herein: filed, it tl)e l#ords ( 1) At the ti~e a' vesti'ng·· tentative map. is shall have. printed conspicuously on its face "Vesting Tentative Map. 11 { 2) Prior to· filing. a· vesting tentative map1 .a, subdiv1der ·shall obtain all discretionary ·approvals that will be p:1qu'ired uridei· the Palo Alto. Munici~al Code in qonjunctiQn with the approval or conditional approval of the· vesting tentative map in order to construct the residential d~velopment. S'uch ·discretionary.· appt;ov~ls may include,'· i...~µt are not limited to 1 amendments: to the comprehensive pl:rn land· use· mapf ··amendments to the zon-· ing map, design review pursuant to Chapter 16. 48 of the Palo Alto Municipal Code, and site and d~sign review pursuant to Chapter 18.82 of the Palo Alto Municipal Code. An appl i;-ation for a vesting tentative map sh~ll be determined to be incomplete until all other appli- 2. • cable discretionary appr9vals . are ·processed and acted upon in a.ccordance with the Palo AltQ Municipal Code and applicable state law. (b) .Fees~ Upon filing a vesting tentative map~ the subdi\··ider shall pay the fees required by. the Palo Al to Municipal fee schedule for the fi 1 ing and ·process ing of a tentative map. (c) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this title for the expir ation of the approval or conditional approval of a tentative map. 21.13.030 Development rights vest on approval of vesting tentative map. (a} The approval or condi· tional approval of a vesting tentative map shall confer a vested right to proceed with development in substan tial compliance with the ordinances, policies and standards in effect at the time that an application is determined to be complete by the City. This section is further governed by Government Code sections 65943 and 66474.2, and any successor legislation. (b) Notwithstanding section (a), a subaequent permit, approval, extension, building permit, or en titlement may be made conditional or denied pursuant to later ordinance~, policies and standards· if any of the following are determined: ( 1) A failure' to do 'so would place the resi dents of the· ,abdivislbrt or the ·immediate comm~nity in a condition dangerous to their heal th or safety~ (2) The condition or. denial is required~ in order to comply with state orfederal law. (c) The. rights ~efe'("red ·to in this chapter shall expire if a ~inal map is ·not appro.ved prior to · the expiration of the vesting t·enta ti ve ·.map, as pi:-ovided in section 21.13.020(c).o If the fina.1 map is approved, these rights shall la$t for the fOJ.lowing periods of time: ( l) An i.ni ti·a1 time period of one ( l) year beyond· the recording of the final map. Where several maps are recorded on various phases of a projec:t covered by a single vesting. tentative map, this· initial time period shall begin for each phase when the final m~p for that phase is recorded. · 3. .:'•: ·· .. _;,.:,.·,· . ... ~ {2} The ini~ial time period set forth in 21.13.0lO(c) ( 1) shall be automatically extended by. any time used for processing a complete appl ica ti on for a grading permit or other permits, if such processing exceeds thirty (30) days, from the date a complete application is filed. · (3) A subdivider may apply for a one (1) year extension at any .time before the initial time period set forth in 21.13.030(c)(l) expires. If the extension is denied by the director of planning and &ommunity environment, the subdivider may appeal that denial to the city council within fifteen (15) days. (4) If the subdivider submits a complete application for a building pecm1t during the per.iods of time specified in subsections ( 1)-( 3), the rights referred to in. thi.s chapter shall continue until the ex piration of that permit or any extension of that permit. 21. l J .. 040 Amendment of vesting tentative map. Anytime prior to the e~piration of the vesting tentative map pursuant to section 21.13~020(c), the subdivider, or his assignee, may apply for an amendment to the vesting tentative map in accordance with the provisions of sec tion ~1.12 .. 110. SECTION 4. Section 16.48 .. 130 (Architectural Review} of the Palo Alto Municipal Cod~ is hereby amended to read: 16.48.130 Tiae limita. (a) For all projects approved after the effective date of the ordinance codi fied in this chapter, the approval shall be valid for one { 1) yeat: from the original date of approval., except that for phased· projects, a specific ·development sched ule may be ilpproved. In no event, ho'llever, shall such a developnerat . schedule exceed five ( :) } year_s from the original date of approval. Approval of minor changes in a proje~t pursuan~ to section 16.48.0SO(f} ~hall not e~~ tend the original date of appi:oval... The time period for a project, including a phased project, may, upon appli cation, be extended once for an additional year by the director of planning aod community env.ironment. Any such decision of. the directot' shall be appealable in accordance with section 16.48.090. (b} Notwithstanding subsection (a), ~henever a vesting tentative map is, approved or conditionally approved pursuant to ~hapter 12 .13 of the Palo Al to Municipal Code and the Subdivision Map Act, the approval pursuant to this chapter shall be valid until the expir ation of the vesting tentative map or expiration of 4. -·-: ,f· ! ~ : J.·','. · .. : ~\ #; develoPJ"ent rights under the final map. Appl ica t ior,is 1nay be made for extensions, but only in conjunction with applications for extensions of the vesting tent~tive m~~ or the ti~al vesting map pursuant to Chapter .12 .13 ·and the Subdivision Map Act. SECTION 5. Section 18.82.080 [Site and Design Review] of the. Palo Alto MUOTcipal Code is hereby amended to read: 18.82.080 Ter• -Expiratic)n.. In the event actu- al construction of the project is not commenced within two (2) years of the effective date of approval thereof, said approval shall expire and be of no further force or effect& Whenever a vesting tentative map is approved or conditionally approved pursuant to Chapter 12.13 of the Palo Alto Municipal Code and the Subdivision Map Act, the approval pursuant to this chapter shall be valid until the expiration of the vesting tentative map or expiration of development rights under the final map. Applications may be made for extensions, but only in conjunction with applications for extensions of the vesting tentative map or the final vesting map pursuant to Chapter 12.13 and the Subdivision Map Act. SECTION 6. The Council finds that none of the provisions o.f this ordinance will have a significant environmental impact~ SECTION 7. This ordinance shall become effective upon the commence1'1lent of the thirty-first day after the day of its passage. INTRODUCED: PASSED: May 2 7 , . 1 9.8 6 June 9j 1986 AYES: Bechtel, Fletcher,· Levy, Patitucci, Sutqrius, Woolley NOES: None ABSTENTIONS; None ABSENT: Cobb, Klein, Renzel ATTEST• ing Official s. '.': -.. '· . ' J • : ~ I ' '