Chula Vista Municipal Code Ch. 18.19 Vesting Tentative Parcel Maps

VESTING TENTATIVE PARCEL MAPS

Sections:

• 18.19.010 Authority.

• 18.19.020 Filing and processing.

• 18.19.030 Rights conferred.

• 18.19.040 Consistency with zoning and General Plan.

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 – Subdivision Map Act, and is intended to implement the provisions of that chapter. (Ord. 3153 § 2 (Exh. C), 2010).

A. Whenever this title requires the filing of a tentative parcel map for a residential development, the subdivider may file a vesting tentative parcel map in the same manner and subject to the same requirements as a tentative parcel map, except as provided in this chapter.

B. At the time a vesting tentative parcel map is filed, the words “vesting tentative parcel map” shall appear conspicuously on its face.

C. In addition to the other information required by this title to be shown on a tentative parcel map, a vesting tentative parcel map shall show or be accompanied by the following information in a form satisfactory to the Director of Development Services and the City Engineer:

1. The height, bulk and location of proposed buildings.

2. The design and specifications of all public facilities including, but not limited to, on- and off-site sewer, water, drainage, roads, and other improvements. The subdivider shall submit detailed geological, drainage, flood control, soils, traffic, or other reports deemed necessary by the City Engineer or the Director of Development Services to permit complete review of the design and improvements for the subdivision. The subdivider, for subdivisions over five units, shall also submit a fiscal impact report prepared by an independent economic analyst, analyzing the projected impacts the development will have on services; the report shall include marketing information and a cost benefit analysis for the project.

3. Detailed final grading plans showing existing and proposed finished grades at two-foot intervals.

4. Information on the uses to which the buildings will be put and general architectural renderings of the buildings.

5. Detailed landscape plans.

D. Notwithstanding any provisions of this code to the contrary, all vesting tentative parcel maps shall be referred to the City Engineer for consideration. The decision of the City Engineer shall be final unless the decision is appealed to the Council pursuant to applicable provisions of this code.

E. Notwithstanding any provision of this code to the contrary, the time for filing a parcel map for a vesting tentative parcel map shall not be extended. Failure to file a parcel map within the time period established by this code shall terminate all proceedings, and no parcel map for all or any part of the property included within the vesting tentative parcel map shall be filed without first processing a new tentative parcel map pursuant to this title.

F. A vesting tentative parcel map shall not be approved or conditionally approved unless the City Engineer finds on the basis of studies and reports submitted by the subdivider that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision will be available for the entire time that the vesting tentative parcel map is valid, plus any time during which the rights conferred by CVMC 18.19.030 exist. (Ord. 3153 § 2 (Exh. C), 2010).

A. Approval or conditional approval of a vesting tentative parcel map shall confer a right to proceed with residential development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed, the approval 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 was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved vesting tentative parcel map, or with ordinances, policies or standards described in this subsection, shall be resolved by the Council.

B. Notwithstanding subsection (A) of this section, the permit or entitlement for development may be conditionally approved or denied if, at the time of the issuance of the permit approval or entitlement, it is determined by the issuing authority or the Council on appeal that:

1. A failure to condition or deny the permit or entitlement would place the residents of the subdivision or of the immediate community or both in a condition dangerous to their health or safety; or

2. The condition or denial is required in order to comply with state or federal law.

• C. The rights conferred by a vesting tentative parcel map shall expire if:

  1. A parcel map is not approved prior to the expiration of the vesting tentative parcel map.

  2. The applicant has requested, and the City has approved, a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative parcel map has been approved.

D. Upon the filing of a parcel map for a vesting tentative parcel map, the rights conferred by subsection (A) of this section shall continue for one year. Where several parcel maps are recorded on various phases of a project covered by a single vesting tentative parcel map, this period shall begin for each phase when the parcel map for that phase is recorded.

E. The time period set forth in subsection (D) of this section shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is accepted.

F. The subdivider may apply to the City Council for a one-year extension of the rights conferred by subsection (D) of this section at any time before the time period set forth in subsection (D) expires. An extension may be granted only if the Council finds that the map still complies with the requirements of this chapter. The Council may approve, conditionally approve, or deny the extension in its sole discretion.

G. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (D) through (F) of this section, the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.

H. Upon the expiration of the time limit specified in subsection (A), (D), (E), (F) or (G) of this section, all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter.

I. Notwithstanding subsection (A) of this section, the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative parcel map. (Ord. 3153 § 2 (Exh. C), 2010).

No vesting tentative parcel map shall be approved if the proposed map or the design or improvement of the proposed development is not consistent with the applicable general, specific or master plans or with applicable provisions of CVMC Title 19. If development of the project for which a vesting tentative parcel map requires any permits or approvals pursuant to CVMC Title 19, those permits or approval shall be processed concurrently with the vesting tentative parcel map. A vesting tentative parcel map shall not be approved if all other discretionary permits or approvals have not been approved either prior to or concurrently with the approval of the vesting tentative parcel map. (Ord. 3153 § 2 (Exh. C), 2010).