HomeMy WebLinkAbout23- Planning CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: R. Ann Siracusa i ' -�,�}!i i��S�lbiject: Amendment to Text No . 87-5
Director of Planning
Dept: Planning _
P g Mayor and Common Council Meeting
Date:
February 3 , 1988 of February 15 , 1988 , 2 : 00 p.m.
Synopsis of Previous Council action: 14V 1V
Previous Planning Commission action:
At the meeting of the Planning Commission on February 2 , 1988 , the
following action was taken :
The proposed Amendment to Text No. 87-5 , to add Section 18 .30 to
the San Bernardino Municipal Code regarding procedures for processing
vesting tentative subdivision maps , was unanimously recommended for
approval. The Negative Declaration for environmental impact was also
recommended for approval .
Recommended motion:
Waive first reading and put over for adoption Amendment to Text 87-5
amending Section 18 . 30 of the San Bernardino Muncipal Code, and
Adopt the Negative Declaration.
Signature R. Ann Siracusa
Contact person: R. ANN SIRACUSA Phone: 384-5357
Supporting data attached: Staff Report Ward: City-wide
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
"' ITY OF SAN BER"ARDINO MEMORANDUM
To PLANNING COMMISSION From PLANNING DEPARTMENT
Sui�jec; Amendment to Text 87-5 Date February 2 , 1988
Av;rove.' Ac enda Item No . 1 Date
Applicant: City of San Bernardino
roa.osed_Amendiaent
The proposal is to amend Section 18.30 of the San Bernardino
Municipal Code to establish the procedure for a "Vesting
Tentative Map. "
Munis pal_Code
Presently the San Bernardino Municipal Code does not make
provision for a state mandated requirement for "vesting
tentative maps . "
Background
In 1984 , the state legislature adopted chapter 4 .5 . ("Develop-
- ment Rights") to the map act . This then established a new
fGrn, of tentative map for subdivisions in the state to be
known as a "Vesting Tentative Map. "
Analysis
The rights accruing to a subdivider upon approval of a
vestincj tentative map are expressly deemed to constitute
"vested -rights" to proceed with the development in substan-
tial compliance with the local ordinance, policies and
procedures , standards which are in effect at_ tbe_time the
application for the vesting tentative map is deemed--- com-
p IL
_, ete. The vested rights extend for years beyond the filing
for recordation of a final map thereby adding a new dimension
to the approval process with such maps. The new law went
into effect on January 1 , 1986 for residential developments .
Starting in January of 1988 the vesting tentative map will
affect all subdivisions which include commercial and
industrial parcel maps .
Unti.1 the enactment of this new law, a developer ' s only
chance to obtain prior assurances from a city that a project ,
for which a tentative map had been approved , would not be
jeopardized by subsequent changes in local ordinances was
through the approval of Development Agreement . Without the
development agreement a developer is always at risk of
expending thousands of dollars in preliminary work while
PLANNING COMMISSION
Staff Report - Amendment to Text 87-5
February 2 , 1988
Page 2
being subject to subsequent changes in local laws. Through
the "vesting tentative map" process , a guarantee is afforded
to the developer that additional expenditures will not impact
the developer at a later date . This guarantee comes from the
city.
The process for a vesting tentative map commences when the
subdivider files a tentative map with the words Vesting
Tentative_Map plainly visible on the face of the map. By law
the city must process it as a vesting tentative map and
cannot deny it solely because it is one . A city may, in
adopting its implementing procedures , require the subdivider
to supply additional information on the outset before the map
is processed .
The city , for example, may require the subdivider to supply
such information as:
- height, size and location of buildings
- sewer , water , storm drain and road details
- information on the uses to which the buildings will
be put
- detailed grading plans
- geologic studies
- flood control information
- architectual plans
- and any other studies which a city has norma 3y
differed in the planning or building permit process
Within the proposed ordinance (Attachment A) the city opte�
to require such additional information at the time of
application .
The "vesting tentative map" is one which could be beneficial
to both the city and the developer . The city may benefit in
the long run through the knowledge of specific capital
improvement costs, etc. Valuable information which hereto-
fore was only known long after such approvals were made will
now be known to the city at the very beginning . To provide
such information (which may involve substantial cost to the
applicant) the City may approve (but is not obligated) the
tentative map.
The full life of the map is much different than that of
tentative maps processed under the current ordinance .
Currently , tentative maps have a full life of five years .
Two years on the initial approval with a possibility of three
one year extensions which may be granted . (An extension of
PkANNING CUMMLSS LUN
Staff Report - Amendment to Text 87-5
February 2 , 1988
Page 3
time request may be denied if local ordinances or other
conditions have changed) .
The "Vesting Tentative Map" has the two-year initial approval
and the typical three-year extension but with an additional
three-year extension during the building permit stage . In
case of large project with over $100 ,000 of capital
improvements, the applicant receives an additional two years
extension for a maximum total life of the map of ten years.
As stated earlier , the conditions which were in effect at the
time the map was deemed complete will be in effect for the
entire life of the map.
Environment.@l_Clearance
At their regularly scheduled meeting of December 30 , 1987 the
Environmental Review Committee recommended a negative decla-
ration .
-- Recom�nend�tion
Staff recommends adoption of a negative declaration and
approval of an ordinance amendment to Section 18 .30 of the
San Bernardino Municipal Code.
Respectfully submitted ,
R. ANN SIRACUSA
Dirjp�d'tor of l.anning
EDWARD GUN
Acting Principal Planner
EG/cvj
Attachments
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
18.30 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR VESTING
3 OF TENTATIVE MAPS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS;
5
6 SECTION 1 . Chapter 18 .30 is added to the San Bernardino
7 Municipal Code to read:
8 "Chapter 18.30
9 VESTING TENTATIVE MAPS
10 18 .30 .010 Citation and authority.
11 This chapter is enacted pursuant to the authority granted
12 by Chapter 4 .5 (commencing with Section 66498 .1) of Division 2 of
13 Title 7 of the California Government Code (hereinafter referred
14 to as the Vesting Tentative Map Statute) , and may be cited as the
15 Vesting Tentative Map Ordinance .
16 18 .30 .020 Purpose and intent .
17 It is the purpose of this chapter to establish procedures
18 for the implementation of the Vesting Tentative Map Statute , and
19 to supplement the provisions of the Subdivision Map Act and the
20 Subdivision Ordinance , set forth as Title 18 of this code .
21 Except as otherwise set forth in this chapter , the provisions of
22 the Subdivision Ordinance shall apply to the Vesting Tentative
23 Map Ordinance .
24 The regulations outlined in this chapter are necessary for
25 the preservation of the public health , safety and general
26 welfare , and for the promotion of orderly growth and development .
27 18.30 .030 Consistency.
28
12-22-87 1
1 No land shall be subdivided and developed pursuant to a
2 vesting tentative map for any purpose which is inconsistent with
3 the General Plan , any applicable specific plan of which is not
4 permitted by the zoning ordinance or other applicable provisions
5 of the Municipal Code .
6 18 .30 .040 Definitions .
7 A. A 'vesting tentative map ' shall mean a 'tentative map ' .
8 Such map shall have printed conspicuously on its face the words
9 'Vesting Tentative Map ' at the time it is filed in accordance
10 with Sections 18 .20 .010 and 18.30 .060 , and shall thereafter be
11 processed in accordance with the provisions hereof .
12 B. All definitions used in this chapter shall have the
13 same meaning as when otherwise used in Title 18 of this Code .
14 18 .30 .050 Application .
15 A. Whenever a provision of the Subdivision Map Act , as
16 implemented and supplemented by Title 18 , requires the filing of
17 a tentative map or tentative parcel map, a vesting tentative map
18 may instead be filed , in accordance with the provisions of this
19 chapter .
20 B. If a subdivider does not seek the rights conferred by
21 the Vesting Tentative Map Statute , the filing of a vesting
22 tentative map shall not be a prerequisite to any approval for any
23 proposed subdivision , permit for construction , or work
24 preparatory to construction .
25 18.30 .060 Filing and processing .
26 A vesting tentative map shall be filed in the same form and
27 have the same contents , accompanying data and reports and shall
28
12-22-87 2
1 be processed in the same manner as set forth in Title 18 for a
2 tentative map except as hereinafter provided:
3 A. At the time a vesting tentative map is filed it shall
4 have printed conspicuously on its face the words 'Vesting
5 Tentative Map' .
6 B. At the time a vesting tentative map is filed , a
7 subdivider shall file detailed development plans , which plans
8 shall include , but not be limited to , the following :
9 1 . Height , size , and location of existing and
10 proposed buildings;
11 2 . Sewer , water , storm drain and road details;
12 3 . Information on the uses to which the buildings
13 will be put;
14 4 . Detailed grading plans;
15 5 . Geological studies;
16 6 . Flood control information;
17 7 . Architectural plans;
18 8. Any other studies the City has normally
19 deferred to the building permit stage .
20 18 .30 .070 Fees .
21 Upon filing a vesting tentative map, the subdivider shall
22 pay the fees required by resolution of the Mayor and Common
23 Council for the filing and processing of a tentative map.
24 18 .30 .080 Expiration .
25 The approval or conditional approval of a vesting tentative
26 map shall expire at the end of the same time period , and shall be
27 subject to the same extensions , established by Chapter 18.24 , for
28
12-22-87 3
1 the expiration of the approval or conditional approval of a
2 tentative map.
3 18 .30 .090 Vesting on approval of vesting tentative map .
4 A . The approval or conditional approval of a vesting
5 tentative map shall confer a vested right to proceed with
6 development in substantial compliance with the ordinances ,
7 policies , and standards set forth in California Government Code
8 Section 66474 .2
9 B. Notwithstanding subsection A above , a permit , approval ,
10 extension , or entitlement may be made conditional or denied if
11 findings are made as follows:
12 1 . A failure to condition or deny such permit ,
13 approval , extension or entitlement would place the residents of
14 the subdivision or the immediate community , or both , in a
15 condition dangerous to their health or safety, or both .
16 2 . The condition or denial is required in order to
17 comply with state or federal law.
18 C . The rights referred to herein shall expire if a final
19 map is not approved prior to the expiration of the vesting
20 tentative map as provided in Chapter 18 .24 . If the final map is
21 approved , these rights shall last for the following periods of
22 time beginning with the date the final map is recorded :
23 1 . An initial time period of one year and one day.
24 Where several maps are recorded on various phases of a project
25 covered by a single vesting tentative map, this initial time
26 period shall begin for each phase when the final map for that
27 phase is recorded .
28
12-22-87 4
1 2 . The initial time period set forth in paragraph 1
2 above shall be automatically extended for any time used for
3 processing a complete application for a grading permit or for
4 design or architectural review , if such processing exceeds thirty
5 days , from the date of a complete application .
6 3 . A subdivider may apply for a one-year extension
7 at any time before the initial time period set forth in paragraph
8 1 above expires . If the extension is denied , the subdivider may
9 appeal that denial to the Mayor and Common Council pursuant to
10 the provisions of Chapter 18.78 , within fifteen days of date of
11 mailing of notice of such denial .
12 4 . If the subdivider submits a complete application
13 for a building permit during the periods of time specified in
14 paragraphs 1 through 3 above , the rights referred to herein shall
15 continue until the expiration of that permit , or any extension of
16 that permit .
17 18.30 .100 Development inconsistent with zoning -
18 Conditional approval .
19 A. Whenever a subdivider files a vesting tentative map for
20 a subdivision whose intended development is inconsistent with the
21 zoning ordinance in existence at that time , that inconsistency
22 shall be noted on the map. The City may deny such a vesting
23 tentative map or approve it conditioned on the subdivider , or his
24 designee , obtaining the necessary change in the zoning ordinance
25 to eliminate the inconsistency . If the change in the zoning
26 ordinance is obtained , the approved or conditionally approved
27 vesting tentative n?ap shall , notwithstanding Section 18'.30 .090
28
12-22-87 5
1 Subsection A , confer the vested right to proceed with the
2 development in substantial compliance with the change in the
3 zoning ordinance and the map, as approved .
4 B. The rights conferred by this section shall be for the
5 time periods set forth in Section 18.30 .090 Subsection C.
6 18.30 . 110 Applications inconsistent with current policies .
7 Notwithstanding any provision of this chapter , a property
8 owner , or his designee , may seek approvals or permits for
9 development which depart from the ordinances , policies , and
10 standards described in Sections 18 .30 .090 Subsection A and
11 18.30 . 100 , and local agencies may grant these approvals or issue
12 these permits to the extent that the departures are authorized
13 under applicable law.
14 18 .30 . 120 Summary of time limits .
15 The following is a list of time limits affecting the rights
16 established under a vesting tentative map . This is a summary for
17 information purposes only. The actual language of the pertinent
18 section must be referenced before an application of the time
19 limits is made . All sections referred to herein are to sections
20 of the San Bernardino Municipal Code .
21 A. Section 18 .24 .010 - Within twenty-four months of the
22 date of approval or conditional approval of a tentative map ,
23 final map to be filed . Extension of time may be granted by the
24 Commission pursuant to Section 18.24 .030 .
25 B. Section 18.24 .030 - The Commission may grant an
26 extension of time up to but not exceeding thirty-six months
27 beyond the twenty-four months allowed for recording a final map .
28
12-22-87 6
1 C. Section 18 .30 .090 Subsection C Paragraph 1 - Rights
2 established under a vesting tentative map continue for one year
3 and one day following approval of the final map .
4 1 . Phased maps - Where several maps are recorded on
5 various phases of a project covered by a single vesting tentative
6 map , the initial time period shall begin for each phase when the
7 final map for that phase is recorded .
8 2 . Automatic extension - The initial time period
9 shall be automatically extended by any time used for processing a
10 complete application for a grading permit or for design or
11 architectural review, if such processing exceeds thirty days from
12 the date a complete application is filed .
13 D . Section 18 .30 . 090 Subsection C Paragraph 3 - A
14 subdivider may apply for a one-year extension at any time before
15 the initial time period set forth in Section 18 .30 .090 Subsection
16 C Paragraph 1 expires .
17 E . Section 18 .30 .090 Subsection C Paragraph 4 - If the
18 subdivider submits a complete application for a building permit
19 during the periods of time specified in Section 18.30 .090
20 Subsection C Paragraphs 1-3 , the rights referred to herein shall
21 continue until the expiration of that permit . "
22
23
24
25
26
27
28
12-22-87 7
1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a ____- __ __ meeting thereof , held on
4 the - day of 1988 , by the following
5 vote , to wit:
6 AYES : Council Members
7 -------- - - - ---------- - -- -- --------------
8 NAYS: —.---_---- --- ----------- - -- - - --_ _ ------ --- -
9 ABSENT: ---- - -- ----- -- - ----------------- -- ---- -------
10
11 City Clerk
12 The foregoing ordinance is hereby approved this _ day
13 of ----- -------- -------- ► 1988 .
14
15 -- _------------- -------_----
Mayor of the City of San Bernardino
16
Approved as to form
17 and legal content :
18
19 C*y Attorney
20
21
22
23
24
25
26
27
28
12-22-87 8
NEGATIVE DECLARATION
C I T Y O F S A N B E R N A R D I N 0
INTEROFFICE MEMORANDUM
8712-1301
TO: Environmental Review Committee
FROM: Edward L . Gundy, Acting Principal Planner
SUBJECT: Environmental Review of Amendment To Text 87-5 -
Vesting Tentative Map
DATE: December 21 , 1987 (7295)
COPIES: File
--------------------------------------------------------
The attached Environmental Impact Checklist is to serve a3
the full Initial Study being that the proposed amendment is
t0 title 18 to establish. procedures for a mandate of the
States Subdivision Map Act .
As you will notice "Non has been checked for all possible
environmental issues . The text amendment will not impact the
environment per se . The subsequent projects which follow the
established procedures may impact the environment and it is
at that time a full written initial study will be prepared on
a case by case basis .
Recommendation
Accept the checks ist as the initial study for Amendment to
Te t 87-5 :/
:-DWAPD GUIvD`Y
P,czin ; Principal Planner
C7j
CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
ENVIRONMENTAL IMPACT CHECKLIST
A. BACKGROUND
Application Number : AT 87-5
Project Description: To amend title I8 to provide procedurQ
for vesting tentative maps .
Location: City wide ---
Redevelopment Area, Enterprise Zone or other Special District :
General Plan Designation: -
Zoning Designation:
.B. ENVIRONMENTAL IMPACTS Explain answers , where appropriate, on a
separate attached sheet .
1 . Earth Resources Will the proposal result in :
Yes No Maybe
a . Earth movement (cut and/or
fill ) of 10 , 000 cubic yards or
more? --- X
b . Development and/or grading on
a slope greater than 15%
natural grade? X —
c . Development within the
Alquist-Priolo Special Studies
Zone? _
d . Modification of any unique
geologic or physical feature? X
REVISED 10/87 PAGE I OF 8
AT 87-5
Yes No Maybe
e . Soil erosion on or off the X
project site? -
f . Modification of a channel , X
creek or river?
g . Development within an area
subject
to landslides, mudslides ,
liquefaction or other similar X
hazards?
h . Other? X
2 . AIR RESOURCES: Will the proposal
result in:
a . Substantial air emissions or
an effect upon ambient air
quality? X
b . The creation of objectionable
odors? X
c . Development within a high wind
hazard area? X
3 . WATER__RESOURCES: Will the
proposal result in?
a. Changes in absorption rates ,
drainage patterns , or the rate
and amount of surface runoff X
due to impermeable surfaces? -
b . Changes in the course or flow
of flood waters? — X— —
C . Discharge into surface waters
or any alteration of surface
water quality? X —
sA
d . Change in the quantity or
quality of ground waters? X
e. Exposure of people or property
to flood hazards? X
f . Other? X
REVISED 10/87 PAGE 2 OF 8
AT 87-5
Yes No Maybe
4 . BIOLOGICAL RESOURCES: Could the
proposal result in:
a. Change in the number of any
unique , rare or endangered
species of plants or their
habitat including stands of
trees? X
b . Change in the number of any
unique , rare or endangered
species of animals or their
habitat? X --
c . Other? X
5 . NOISE: Could the proposal result
in:
a. Increases in existing noise
levels? X
b . Exposure of people to exterior
noise levels over 65 dB or
interior noise levels over 45
dB? X
C . Other? X --
6 . LAND USE : Will the proposal
result in:
a . A change in the land use as
designated on the General
Plan?
b . Development within an Airport
District? X
C . Development within "Greenbelt"
Zone A,B, or C?
d . Development within a high fire
hazard zone? X
e . Other? X
RE\/ISED 10/87 PAGE 3 OF 8
el"N
AT 87-5
Yes No Maybe
7 . MAN-MADE _ HAZARDS: Will the
project:
a. Use, store, transport or
dispose of hazardous or toxic
materials (including but not
limited to oil , pesticides ,
chemicals or radiation) ? x —
b. Involve the release of
hazardous substances? X —
C . Expose people to the potential
health/safety hazards? X
d . Other? X
8 . HOUSING: Will the proposal :
a. Remove existing housing or
create a demand for additional X
housing?
b. Other? X
9 . TRANSPORTATION/CIRCULATION: Could
the proposal result in:
a . An increase in traffic that is
greater than the land use
designated on the General X
Plan?
b . Use of existing, or demand for
new, parking facilities/
structures? X
C . Impact upon existing public
transpoitation systems? X
d . Alteration of present patterns
of circulation? X
e . Impact to rail or air traffic? X
f . Increased safety hazards to
vehicles , bicyclists or
pedestrians? x
REVISED 10/87 PAGE 4 OF 8
AT 8/-5
Yes No Maybe
g . A disjointed pattern of
roadway improvements? X
h. Other? X
10 . PUBLIC_SERVICES Will the proposal
impact the following beyond the
capability to provide adequate
levels of service?
a. Fire protection? X
b. Police protection? X
C . Schools (i .e . attendance,
boundaries , overload, etc . ) ? X
d. Parks or other recreational
facilities? X
e. Medical aid? X
f . Solid waste? X
g . Other? X
11 . UTILITIES: Will the proposal :
a. Impact the following beyond
the capability to provide
adequate levels of service or
require the construction of
new facilities?
1 . Natural gas? X
2 . Electricity? X
3 . Water? X
4 . Sewer? X
5 . Other? X
b . Result in a disjointed
pattern of utility
extensions? X
c . Require the construction of
new facilities? X
REVISED 10/87 PAGE 5 OF 8
AT 87-5
Yes No Maybe
12 . AESTHETICS:
a. Could the proposal result in
the obstruction of any scenic X
view?
b . Will the visual impact of the
project be detrimental to the X
surrounding area?
c . Other? X
13 . CULTURAL RESOURCES: Could the
proposal result in:
a. The alteration or destruction
of a prehistoric or historic
archaeological site? X
b. Adverse physical or aesthetic
impacts to a prehistoric or
historic site, structure or
object? X
c . Other? — x
14 . Mandatory Findings of Significance
(Section 15065)
The California Environmental
Quality Act states that if any of
the following can be answered yes
or maybe, the project may have a
significant effect on the
environment and an Environmental
Impact Report shall be prepared .
a . Does the project have the
potential to degrade the
quality of the environment ,
substantially reduce the
habitat of a fish or wildlife
species , cause a fish or
wildlife population to drop
below self sustaining levels ,
threaten to eliminate a plant
or animal community, reduce
the number or restrict the
range of a rare or endangered
plant or animal or eliminate
REVISED 10/87 PAGE 6 OF 8
AT 87-5
Yes No Maybe
important examples of the
major periods of California
history or prehistory? _
b. Does the project have the
potential to achieve short
term, to the disadvantage of
long-term, environmental
goals? (A short-term impact
on the environment is one
which occurs in a relatively
brief, definitive period of
time while long-term impacts
will endure well into the
future. )
c . Does the project have impacts
which are individually
limited, but cumulatively
considerable? (A project may
impact on two or more separate
resources where the impact on
each resource is relatively
- small , but where the effect of
the total of those impacts on
the environment is
significant . )
d. Does the project have
environmental effects which
will cause substantial adverse
effects on human beings ,
either directly or indirectly? _
C . DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES
(Attach sheets as necessary. )
REVISED 10/87
AT 87-5
D. DETERMINATION
On the basis of this initial evaluation,
The proposed project COULD NOT have a significant effect on the
❑ environment and a NEGATIVE DECLARATION will be prepared .
The proposed project could have a significant effect on the
environment , although there will not be a significant effect in
this case because the mitigation measures described above have
been added to the project . A NEGATIVE DECLARATION will be
prepared.
❑ The proposed project MAY have a significant effect on the
environment , and an ENVIRONME14TAL IMPACT REPORT is required .
ENVIRONMENTAL REVIEW COMMITTEE
CITY OF SAN BERNARDINO, CALIFORNIA
Name and Title
Signature
Date: 0- W
REVISED 10/87 PAGE 8 OF 8