Chapter 9.92
VESTING TENTATIVE MAPS
Sections:
9.92.030 Application processing.
9.92.040 Findings and decision.
9.92.050 Conditions of approval.
9.92.060 Post-approval procedures.
9.92.070 Rights of a vesting tentative map.
9.92.010 Purpose.
The purpose of this chapter is to provide for the submittal and processing of vesting tentative parcel and vesting tentative tract maps for the subdivision of land in compliance with the subdivision regulations. (Ord. 806 § 1, 2007).
9.92.020 Applicability.
Whenever a provision of the Subdivision Map Act or the subdivision regulations requires or authorizes the filing of a tentative parcel map or tentative tract map, a vesting tentative parcel map or vesting tentative tract map may be filed instead. The filing of a vesting tentative parcel map or vesting tentative tract map, as opposed to a tentative tract map or tentative parcel map, shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
An application for a vesting tentative parcel or vesting tentative tract map shall be filed with the community development department in compliance with BGMC 9.76.050, Application filing and fees. The vesting tentative parcel or vesting tentative tract map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The vesting tentative parcel map or vesting tentative tract map shall be clearly and legibly drawn and shall contain the information identified in the city’s subdivision manual, unless waived by the director. The department may also require additional materials, exhibits, data or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and the subdivision regulations. Vesting tentative parcel and vesting tentative tract map applications shall be determined to be complete by the department only when:
A. All necessary application forms, materials and exhibits as established by the department are accepted as adequate;
B. A preliminary soils, geology, and seismicity report prepared in accordance with the California Building Code and the city’s grading manual is accepted as adequate;
C. A preliminary title report showing the legal owners and any encumbrances and easements is accepted as adequate by the city engineer; said title report shall be updated every six months from the date of the original submittal until final action on the application is taken;
D. All necessary determinations and documents to comply with the California Environmental Quality Act have been certified or adopted; and
E. All fees and/or deposits have been submitted and accepted.
Vesting tentative parcel and vesting tentative tract maps shall be considered by the commission and council, in compliance with BGMC 9.76.040, Authority for subdivision decisions, with a noticed public hearing.
An application for approval of a vesting tentative parcel or vesting tentative tract map in compliance with the subdivision regulations shall be submitted concurrently with all applications for other necessary discretionary city approvals for the development. (Ord. 806 § 1, 2007).
9.92.030 Application processing.
Each application shall be analyzed by the department to ensure that the proposed subdivision is consistent with the requirements of the Subdivision Map Act, subdivision regulations, Bell Gardens general plan, any applicable specific plan, this title (zoning code) and other applicable provisions of the Bell Gardens Municipal Code and state law.
An application for a vesting tentative parcel and vesting tentative tract map will be processed in compliance with Chapter 9.78 BGMC, Tentative Parcel and Tentative Tract Maps. (Ord. 806 § 1, 2007).
9.92.040 Findings and decision.
The decision-making body shall record its decision in writing with the findings upon which the decision is based. The council may approve an application for a vesting tentative parcel or vesting tentative tract map, with or without conditions, supported by the findings required by the Subdivision Map Act and by the findings required by the California Environmental Quality Act. (Ord. 806 § 1, 2007).
9.92.050 Conditions of approval.
In approving a vesting tentative parcel or vesting tentative tract map, the council may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by BGMC 9.92.040, Findings and decision.
The council may require, as a condition of its approval, that the payment by the subdivider of all development fees required to be paid be made at the rate for such fees in effect at the time of permit issuance. (Ord. 806 § 1, 2007).
9.92.060 Post-approval procedures.
A. Appeals. The decision of the council is final.
B. Time Extensions. Time extensions may be granted in compliance with BGMC 9.76.100, Expirations – Time extensions. If a vesting tentative parcel or vesting tentative tract map is not recorded within the established time frame, and a time extension is not granted, the vesting tentative parcel or vesting tentative tract map shall be deemed to have expired. (Ord. 806 § 1, 2007).
9.92.070 Rights of a vesting tentative map.
A. The approval of a vesting tentative parcel map or vesting tentative tract map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards as described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval of a vesting tentative parcel map or vesting tentative tract 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 parcel map or vesting tentative tract map is approved or conditionally approved.
B. A permit, approval, extension, or entitlement sought after approval of a vesting tentative tract map or vesting tentative parcel map may be conditioned 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; or
2. The condition or denial is required 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 parcel or tentative tract map. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year beyond the recording of the final parcel map or final tract map. When several final maps are recorded on various phases of a project covered by a single vesting tentative parcel or vesting tentative tract map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of the said final parcel maps or final tract maps must be recorded within the time period set forth in BGMC 9.76.100, Expirations – Time extensions, or the vesting tentative parcel or vesting tentative tract map approval shall expire for those parcels for which final parcel maps or final tract maps are not timely recorded.
2. The one-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit, if the time used by the city to process the application exceeds 30 days from the date that a complete application is filed.
3. If the subdivider submits a complete application for a building permit prior to the expiration of the vesting tentative tract map or vesting tentative parcel map, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
D. An approved vesting tentative parcel or vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development in accordance with subsection (B) of this section. (Ord. 806 § 1, 2007).