Loading...
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..