HomeMy WebLinkAbout78-85 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Amending Title 9, Subdivisions )
of the County Ordinance Code )
(as Adopted by the City by ) ORDINANCE NO. 78-85
Reference) to Establish Regulations )
For Vesting Tentative Maps )
)
The City Council of the City of Danville does ordain as follows:
SECTION 1. Title 9, Subdivisions, of the County Ordinance
Code (as adopted by the City by reference) is amended by adding
a new Chapter 94-3, Vesting Tentative Maps, to read as follows:
Chapter 94-3
"vesting Tentative Maps"
Sections:
94-3.002 Purpose
94-3.004 Definitions
94-3.006 Applicability
~. 94-3.008 Procedure
94-3.010 Development Rights
94-3.012 Effect of State and Federal Laws
94-3.014 City's Right to Condition or Deny Approval
94-3.016 Fees
94-3.002 Purpose.
The purpose of this chapter is to establish a procedure for
the approval of a tentative map that provides certain
statutorily vested rights to a subdivider under the Vesting
Tentative Map Statute (Government Code Section 66498.1 et
seq.). This chapter implements and supplements that statute and
the Danville Subdivision Ordinance. (County Ordinance Code,
Title 9).
This ordinance and chapter may be cited as the Danville
Vesting Tentative Map Ordinance.
94-3.004 Definitions.
In this chapter:
(1) "vesting tentative map" is a tentative map for a
residential subdivision which has been filed, processed
and approved in accordance with the Vesting Tentative
Map Statute and this chapter and which has printed
conspicuously on its face the words "Vesting Tentative
Map;"
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(2) the definitions set forth in the Subdivision Ordinance
apply.
(Reference: Government Code Section 66452(c)*, all
subsequent references are to the State Government
Code)
94-3.006 Applicability.
This chapter applies only to residential developments.
Beginning January 1, 1988, this chapter will also apply to
non-residential developments.
(Reference: 66498.7)
94-3.008 Procedure.
A. Option to File Vesting Tentative Map.
When a tentative map is required, a vesting tentative map
may be filed instead.
B. Filing.
A vesting tentative map shall have printed conspicuously on
its face the words "Vesting Tentative Map" before the City may
accept it for filing.
C. Subdivision Ordinance ADplies.
Except as otherwise provided in this chapter the Subdivision
Ordinance applies to a vesting tentative map and a vesting
tentative map is processed in the same manner as a tentative
map.
D. Accompanying Data.
Such information as is ordinarily required under the
provisions of this Title for the filing of a tentative map shall
also be required for the filing of a vesting tentative map.
Supplemental information as relates to the vesting nature of the
proposed vesting tentative map may also be required.
94-3.010 Development Riqhts.
A. Development Rights Created.
The approval of a vesting tentative map confers a vested
right to proceed with development in substantial compliance with
the City's ordinances, policies and standards in effect at the
date the City determines the application is complete. (See
Government Code sections 66498.1, 66474.2, 65943.)
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B. Duration of Development Rights.
The right to proceed with development as set forth in
subsection A continues for one year following the recordation of
the final map or parcel map. If a project covered by a single
vesting tentative map is divided into phases and more than one
final map is recorded, the one year period begins for each phase
when the final map of that phase is recorded.
C. Expiration of Development Rights.
(1) The right to proceed with development as set forth in
Subsection A expires if a final map is not approved
before the vesting tentative map expires.
(2) The time within which a final map may be filed is
governed by County Ordinance Code Section 94-2.610 and
Government Code Section 66452.6(a), (d) and (e).
(3) If the subdivider submits a complete application for a
building permit during the one-year period specified in
Subsection B, the right to proceed with development
continues until the building permit expires.
(4) If a final map is recorded based upon a vesting
tentative map and the development rights expire, the
final map remains in effect without the development
_- rights.
D. Extension of Time For Exercise of Development Rights.
(1) If the City does not process an application for a
grading permit or for design or architectural review
within 30 days of the date the application is complete,
the one year period specified in Subsection B is
automatically extended by the time exceeding the 30-day
period used by the City to complete processing.
(2) Before the expiration of the one-year period specified
in Subsection B, a subdivider may apply to the City
Council for a one year extension.
(Reference: Sections 66495.1(b), 66452.6(g))
94-3.012 Effect of State and Federal Laws.
This chapter relates only to the imposition of conditions
and requirements imposed by the City and does not affect the
obligation to a subdivider to comply with the conditions and
requirements of state or federal laws, regulations or policies.
(Reference: 66498.6(b))
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94-3.014 City's Right to Condition Or Deny Approval.
This chapter does not: (1) enlarge or diminish the types of
conditions which the city may impose on a development; or
(2) diminish or alter the City's power to protect against a
condition dangerous to the public health or safety.
The City may condition or deny a permit, approval, extension
or entitlement relating to a vesting tentative map if it
determines that either:
(1) the failure to do so would place the residents of the
subdivision or the community in a condition dangerous
to their health or safety; or
(2) the condition or denial is required to comply with
state or federal law.
(Reference: 66498.6(a), 66498.1(c))
9403.016 Fees.
The amount of a fee imposed (processing, park dedication,
etc.) as fixed by resolution is determined at the time the fee
is paid.
SECTION 2. Effective Date.
The City Clerk shall either a) have this Ordinance
published once within fifteen days after adoption in a newspaper
of general circulation or b) have a summary of this Ordinance
published twice in a newspaper of general circulation once five
days before its adoption and again within fifteen days after
adoption.
The foregoing ordinance was introduced at a meeting of the
City Council of the City of Danville at a meeting held on
November 7 , 1985, and was adopted and ordered published
at a meeting held on November 18 , 1985, by the following
vote:
AYES: Lane, May, McNeely~ 0ffenhartz, ~~r~
NOES: None ___~.._~~/~ iJ~L
ABSENT: None
MAYOR
ATTEST:
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