HomeMy WebLinkAboutORD NO 3008ORDINANCE NO. 3008
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 16.24 TO TITLE 16
OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
VESTING TENTATIVE MAPS.
BE IT ORDAINED by
as follows:
the Council of the City of Bakersfield
Chapter 16.24
Bakersfield Municipal Code to read as follows:
Chapter 16.24
Sections:
16.24
16.24
16.24
16.24
16.24
16.24
16.24
16.24
16.24
16.24
010
020
030
040
SECTION 1.
is hereby added to Title 16 of the
VESTING TENTATIVE MAPS
050
060
070
080
090
100
16.24.110
Citation and authority.
Purpose and intent.
Consistency.
Definition.
Application.
Filing and processing.
Fees.
Expiration.
Vesting on approval of vesting tentative map.
Development inconsistent with zoning
Conditional approval.
Applications inconsistent with current
policies.
16.24.010 Citation and authority.
This chapter is enacted pursuant to the authority
granted by Chapter 4.5 (commencing with Section 66498.1) of
Division 2 of Title 7 of the Government Code of the State of
California (hereinafter referred to as the Vesting Tentative Map
Statute).
16.24.020 Purpose and intent.
It is the purpose of this chapter to establish
procedures necessary for the implementation of the Vesting
Tentative Map Statute, and to supplement the provisions of the
subdivision Map Act and this title. Except as otherwise set
forth in the provisions of this chapter, the provisions of this
title shall apply to maps considered under this chapter.
-1-
TO accomplish this purpose, the regulations outlined in
this chapter are determined to be necessary for the preservation
of the public health, safety and general welfare, and for the
promotion of orderly growth and development.
16.24.030 Consistency.
No land shall be subdivided and developed pursuant to a
vesting tentative map for any purpose which is inconsistent with
the General Plan and any applicable specific plan or not
permitted by Title 17 or other applicable provisions of this code.
16.24.040 Definition.
A "vesting tentative map" shall mean a "tentative map"
for a residential subdivision that shall have printed
conspicuously on its face the words "Vesting Tentative Map" at
the time it is filed in accordance with Section 16.24.060, and is
thereafter processed in accordance with the provisions hereof.
16.24.050 Application.
This ordinance shall apply only to residential
developments. Whenever a provision of the Subdivision Map Act,
as implemented and supplemented by this title, requires the
filing of a tentative map or tentative parcel map for a
residential development, a vesting tentative map may instead be
filed, in accordance with the provisions hereof.
If a subdivider does not seek the rights conferred by the
Vesting Tentative Map Statute, the filing of a vesting tentative
map shall not be a prerequisite to any approval for any proposed
subdivision, permit for construction, or work preparatory to
construction.
16.24.060
A vesting
Filing and processing.
tentative map shall be filed in the same form
and have the same contents, accompanying data and reports and
shall be processed in the same manner as set forth in this title
for a tentative map except as hereinafter provided:
-2-
(a)
shall have printed conspicuously on
Tentative Map."
(b) At the time a vesting tentative map is filed, a
subdivider shall also supply the following information:
At the time a vesting tentative map is filed, it
its face the words "Vesting
a site development plan showing, in general, height,
size, and location of buildings, number of dwelling
units, number and location of parking spaces, land-
scape areas, and park sites, if any;
sewer, water, drainage system details (including size
and location of all mains) and size, location, and
landscaping (and walls) of all streets;
a statement as to the uses to which the buildings
will be put;
- flood control information as required by the City
Engineer);
pay the
16.24.070 Fees.
Upon filing a vesting tentative map, the
fees required by City Council resolution.
subdivider shall
16.24.080 Expiration.
The approval or conditional approval of a vesting tenta-
tive 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 expiration of the approval or conditional approval
of a tentative map.
16.24.090 Vesting on approval of vesting tentative map.
(a) The approval or conditional approval of a vesting
tentative map shall confer a vested right to proceed with
-3-
development in substantial compliance with the ordinances,
policies, and standards described in Government Code § 66474.2.
However, if Section 66474.2 of the Government Code
is repealed, the approval or 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.
(b) Notwithstanding subdivision (a), a permit,
approval, extension, or entitlement may be made conditional or
denied if any of the following 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.
(2) The condition or denial is required,
in order to comply with state or federal law.
(c) The rights referred to herein shall expire if a
final map is not approved prior to the expiration of the vesting
tentative map as provided in Section 16.24.080. If the final map
is approved, these rights shall last for the following periods of
time:
(1) An initial time period of twelve
(12) months.
Where several final maps are
recorded on various phases of a project
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 set forth in
(c)(1) shall be automatically extended by any
time used for processing a complete
application for a grading permit or for design
or architectural review, if such processing
exceeds thirty (30) days, from the date a
complete application is filed.
(3) A subdivider may apply for a one-
(l)- year extension at any time before the
initial time period set forth in (c)(1)
expires. If the extension is denied, the
-4-
subdivider may appeal that denial to City
Council within fifteen (15) days.
(4) If the subdivider submits a complete
application for a building permit during the
periods of time specified in subdivisions
(1)-(3), the rights referred to herein shall
continue until the expiration of that permit,
or any extension of that permit.
16.24.100 Development inconsistent with zoning -
Conditional approval.
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 City shall deny such a vesting
tentative map or approve it conditioned on the subdivider, or his
or her designee, obtaining the necessary change in the zoning
ordinance to eliminate the inconsistency. If the change in the
zoning ordinance is obtained, the approved or conditionally
approved vesting tentative map shall, notwithstanding Section
16.24.090(a), confer the vested right to proceed with the
development in substantial compliance with the change in the
zoning ordinance and the map, as approved.
The rights conferred by this section shall be for the
time periods set forth in Section 16.24.090 (c).
16.24.110 Applications inconsistent with current
policies.
Nothwithstanding any provision of this ordinance, a
property owner or his or her designee may seek approvals or
permits for development which depart from the ordinances,
policies, and standards described in Sections 16.24.090 (a) and
16.24.100, and the city may grant these approvals or issue these
permits to the extent that the departures are authorized under
applicable law.
-5-
This ordinance
City charter provisions
days from and after
SECTION 2.
shall be posted in accordance with the
and shall become effective thirty (30)
the date of its passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 20th day of November, 1985,
by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this ~0 th day of November, 1985
MAYOR of the City of ~rsfield
APPROVED as to form:
~ITY ATTORNEY of the City of Bakersfield
AJS/mro/bl
O.VTM -6-
Affidavit of j os tng ( r tuan es
STATE OF CALIFORNIA t ss.
County of Kern
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on l'4nvomhov 2~3 , 19 85 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on November 20 , 19 85 , which ordinance
was numbered 3008 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERS-
FIELD ADDING CHAPTER 16.24 TO TITLE 16 OF THE BAKERS-
FIELD MUNICIPAL CODE RELATING TO VESTING TENTATIVE
MAPS.
City Clerk
Subscribed and sworn to before me this
26th. day of ..... /XIou.emb.er ...............19.B5..