Azusa Municipal Code Div. 3 Vesting Tentative

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State Law reference— Vesting tentative maps, Government Code § 66452.

This division is enacted pursuant to the authority granted by Government Code § 66498.1 et seq.

(Code 1971, § 18.30.010)

It is the purpose of this division to establish procedures necessary for the implementation of the vesting tentative map statute as described in section 66-176 and to supplement the provisions of Government Code § 66410 et seq. and this chapter. To accomplish this purpose, this division is determined to be necessary for the preservation of the public health, safety and general welfare and for the promotion of orderly growth and development.

(Code 1971, § 18.30.020)

The city council finds, determines and declares that:

(1) The state has determined the necessity for local agencies to permit vesting tentative maps.

(2) The amendment to Government Code § 66410 et seq. permitting vested tentative rights permits local agencies to adopt guidelines and regulations for the processing of vesting tentative maps.

(3) The adoption of provisions for vesting tentative maps will not significantly affect the quality of the environment within the city or be contrary to the goals and objectives of chapter 86 pertaining to zoning, this chapter or general plan.

(4) The vesting tentative map sections set forth in this division will provide the necessary guarantees to ensure that all projects are adequately served by streets, utilities and improvements as set forth in this chapter.

(Code 1971, § 18.30.030)

(a) This division shall apply only to residential developments. Whenever a provision of Government Code § 66410 et seq., as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may be filed instead of a tentative map in accordance with this division.

(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.

(c) Except as otherwise set forth in this division, this chapter shall apply to vesting tentative maps.

(Code 1971, § 18.30.040)

Every person submitting a vesting tentative map shall pay all fees required for subdivision in accordance with this chapter.

(Code 1971, § 18.30.050)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as required for tentative maps and tentative parcel maps pursuant to this chapter and shall be processed in the same manner as set forth in this chapter, except at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "vesting tentative map."

(Code 1971, § 18.30.060)

The approval or conditional approval of a vesting tentative map shall not limit the city from imposing reasonable conditions on required approvals or permits necessary for the project and authorized by the ordinances, policies and standards of the city in effect at the time the vesting tentative map is approved or conditionally approved.

(Code 1971, § 18.30.070)

(a) The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period established by this chapter and other applicable law for the expiration of the approval or conditional approval for tentative maps and shall be subject to the same extensions allowed for such maps.

(b) The rights conferred by a vesting tentative map shall last for one year following the recordation of the final map. 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.

(c) The initial time period set forth in subsection (b) 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.

(d) If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to in this division shall continue until the expiration of the permit or any extensions of that permit.

(e) The subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (a) of this section expires.

(Code 1971, § 18.30.080)

Modifications to an approved vesting tentative map shall be processed in accordance with the procedures for modifications to tentative maps.

(Code 1971, § 18.30.090)

(a) The approval or conditional approval of a vesting tentative map shall confirm a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards of the city 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 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) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the city zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned upon the subdivider or his 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 subsection (a) of this section, 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 period set forth in section 66-183.

(d) Notwithstanding any other provision of this division, the property owner or his designee may seek approvals or permits for the development which depart from the ordinances, policies and standards described in subsections (a) and (b) of this section, and these approvals may be made to the extent that such departures are authorized under applicable law.

(Code 1971, § 18.30.100)