Chapter 16.25
VESTING TENTATIVE MAPS
Sections:
16.25.010 Citation and authority.
16.25.040 Compliance with City plans and ordinances.
16.25.060 Filing and processing.
16.25.090 Vesting on approval of vesting tentative map.
16.25.100 Development inconsistent with zoning conditional approval.
16.25.110 Applications inconsistent with current policies.
16.25.010 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), and may be cited as the vesting tentative map ordinance. [Ord. 835, 1988].
16.25.020 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 the subdivision ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to the vesting tentative map ordinance.
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. [Ord. 835, 1988].
16.25.030 Definitions.
A “vesting tentative map” shall mean a “tentative map” for a residential and nonresidential subdivision, as defined in this title, that shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with LEMC 16.25.060 and is thereafter processed in accordance with the provisions thereof.
All other definitions set forth in this title are applicable. [Ord. 835, 1988].
16.25.040 Compliance with City plans and ordinances.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the adopted General Plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the Municipal Code. [Ord. 835, 1988].
16.25.050 Applicability.
A. This chapter shall apply to residential and nonresidential 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 or nonresidential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
B. 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. [Ord. 835, 1988].
16.25.060 Filing and processing.
A vesting 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:
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “vesting tentative map” with letters not less than one-half inch in height in bold face type.
B. At the time a vesting tentative map is filed, a subdivider shall supply in addition the following; adequacy of the submittals shall be determined by the City Engineer and Community Development Director:
1. Location, height and area (as measured in square feet) of any buildings proposed within the subdivisions.
2. Information on the uses to which the building and property will be put.
3. Architectural schematics, including elevations and drawings of the exteriors of all structures, conceptual landscaping and proposed outdoor recreational areas as contained in Chapters 17.44 and 17.112 LEMC.
4. Detailed site plan.
5. Sewer, water, storm drain and road details including final grade and alignments shown on plans with a scale not less than one inch equals 100 feet.
6. Storm drain plan to show both on-site and off-site storm runoff, watercourses, channels, existing channels and drainpipes, proposed facilities for control of stormwaters; and data as to the amount of runoff and the approximate grade, dimensions and capacity of proposed facilities for control of stormwaters.
7. Flood management studies in designated areas.
8. Detail grading plans not less than one inch equals 100 feet assuring that the project designed can be feasibly graded.
9. Geotechnical report assuring the project is in conformance with City standards and can be feasibly and safely graded and constructed.
10. Traffic studies for 50 units or more for residential projects; 20,000 square feet or more of cumulative space for commercial projects; and 20 acres or more for industrial projects.
11. A phasing plan for public facilities if phasing is requested.
12. Copies of applicable development standards to be imposed upon the property as set by the General Plan, specific plan, current zoning ordinance or Municipal Code. [Ord. 835, 1988].
16.25.070 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by City Council resolution for the filing and processing. [Ord. 835, 1988].
16.25.080 Expiration.
The approval or conditional approval of a vesting tentative 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 of or conditional approval of a tentative map. [Ord. 835, 1988].
16.25.090 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 development in substantial compliance with the ordinances, policies and standards described in Government Code Section 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 subsection (A) of this section, 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 neighborhood and community 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 LEMC 16.25.080. If the final map is approved, these rights shall last for the following period of time:
1. An initial time period of one year. 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 subsection (C)(1) of this section 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 30 days, from the date a complete application is filed.
3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. [Ord. 835, 1988].
16.25.100 Development inconsistent with zoning conditional approval.
A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the General Plan or 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 General Plan and/or zoning ordinance to eliminate the inconsistency. If the change is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding LEMC 16.25.090(A), confer the vested right to proceed with the development in substantial compliance with the change in General Plan and/or the zoning ordinance and the map, as approved.
B. The rights conferred by this section shall be for the time periods set forth in LEMC 16.25.090(C). [Ord. 835, 1988].
16.25.110 Applications inconsistent with current policies.
Notwithstanding any provisions of this chapter, 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 LEMC 16.25.090(A) and 16.25.100, and the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. [Ord. 835, 1988].