Cypress Municipal Code Art. IX Vesting Tentative Map

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Editor's note: Ord. No. 753, § 1, adopted Jan. 27, 1986, provided for the addition of §§ 25-55—25-62, as Art. IX, Vesting Tentative Map, to read as herein set out.

(a) A "vesting tentative map" shall mean a "tentative map" for a residential, commercial, and/or industrial subdivision, as defined in Chapter 25 hereof, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 25-57 and is thereafter processed in accordance with the provisions hereof.

(b) All other definitions set forth in Chapter 25 hereof are applicable.

(Ord. No. 753, § 1, 1-27-86; Ord. No. 806, § 1, 9-12-88)

(a) Whenever a provisions of the Subdivision Map Act, as implemented and supplemented by the provisions of Chapter 25 hereof, requires the filing of a tentative map or tentative parcel map for residential, commercial, and/or industrial 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, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, to work preparatory to construction.

(c) In the event rezoning or the obtaining of any discretionary approval would be required for the development proposed by a vesting tentative map, the obtaining of such rezoning and discretionary approvals shall be conditions precedent to the right to have deemed filed an application for a vesting tentative map.

(Ord. No. 753, § 1, 1-27-86; Ord. No. 806, §§ 2, 3, 9-12-88)

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 Chapter 25 hereof 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."

(b) At the time a vesting tentative map is filed a subdivider shall also supply all the information as required by section 25-10(e) hereof.

(c) A vesting tentative map shall not be accepted as or deemed complete by either the city planning agency or by operation of law unless and until all discretionary approvals including, but not limited to, the following:

(1) General plan amendments;

(2) Zone changes;

(3) Specific plans when the zoning ordinance so requires a specific plan;

(4) Design review;

(5) Conditional use permits;

(6) Variances;

(7) Identification of all public dedications, reservations, improvements, or in lieu fees thereof;

(d) In addition to the requirements of subsection (c) above and section 25-10(e) of this Code, a vesting tentative map shall not be accepted as or deemed complete by either the city planning agency or by operation of law unless and until all the information set out below is submitted to said planning agency including, but not limited to, the following:

(1) The height, size and location of buildings;

(2) Information on the uses to which the buildings will be put;

(3) Certified engineering drawings showing sizes and locations of sewer, water, and storm drain lines and significant appurtenances such as inlets, manholes, and pump stations, along with supporting certified engineering calculations. Said calculations shall include, but not be limited to, hydrology and hydraulic calculations and include any such information required by other agencies such as the county sanitation districts of Orange County and the environmental management agency of the County of Orange;

(4) Certified, near final site grading plan for the entire site contained within the boundaries of the vesting tentative map;

(5) Substantial, written confirmation, as necessary, from the county sanitation districts of the County of Orange and the environmental management agency of the County of Orange (flood control district) that sewage and storm discharges from the site will be accepted into the county system;

(6) Certified, engineering drawings showing the location, widths, and horizontal and vertical alignments of all public and private streets and alleys within and adjacent to the boundaries of the vesting tentative map site;

(7) Certified, complete geology and soils analyses and reports for the entire site, which reports shall provide sufficient data to determine site preparation and building and road structural foundation requirements and shall enumerate all other geological and soils mitigation measures to effect site development;

(8) Substantial, written confirmation, as necessary, from all utilities that the development resulting from said vesting tentative map will be served by said utility companies;

(9) Any other studies which the city would normally defer to the building permit stage.

(e) Should the information required in subsection (d) above be deemed unnecessary, duplicative, or inapplicable to a particular development proposal for which a vesting tentative map is sought to be filed, the city's director of public works/city engineer shall have the authority to waive said informational requirement upon a written finding that said informational requirement is unnecessary, duplicative, or inapplicable to a particular development proposal. Said written finding shall be based on substantial evidence and include a statement that the public health, safety, or welfare will not be placed in jeopardy or danger and that prudent public policy and decision-making will not be hampered by the waiving of said informational requirement.

(f) Any developer/applicant who intends to apply to the city for a development agreement on his/her property shall have said development agreement approved prior to, or filed concurrently with, the application for a vesting tentative map. Failure to do so shall prohibit the approval of the development agreement, unless the developer/applicant files for an amendment to the vesting map.

(Ord. No. 753, § 1, 1-27-86; Ord. No. 806, § 4, 9-12-88)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by resolution of the city council for the filing and processing of a vesting tentative map.

(Ord. No. 753, § 1, 1-27-86)

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 section 25-11 hereof for the expiration of the approval or conditional approval of a tentative map.

(Ord. No. 753, § 1, 1-27-86)

(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 of the State of California. However, if such section 66474.2 of the Governmental 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 subdivision (a), a permit, approval, extension, or entitlement in connection with such vesting tentative map 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) 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 section 25-59. If the final map is approved, these rights shall last for the following periods 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 (c)(1) 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 (c)(1) 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 (1) through (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. No. 753, § 1, 1-27-86)

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the 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 on the subdivider, or his or her 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 section 25-60(a) confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

(b) The rights conferred by this section shall be for the time periods set forth in section 25-60.

(Ord. No. 753, § 1, 1-27-86)

Notwithstanding any provision of this article, 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 sections 25-60 and 25-61, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 753, § 1, 1-27-86)

(a) Whenever an amendment to a vesting tentative map is sought by the developer/applicant, or the successor-in-interest to said entitlement, acceptance and approval of any such amendment shall have the legal effect of re-vesting the tentative map for the period of time as defined by this article and shall entitle the city to impose any new requirements and conditions which may have been adopted by said city during the intervening period from acceptance of the vesting tentative map as complete to the approval of the amendment to the vesting tentative map.

(b) Any amendment to a vesting tentative map shall be filed in accordance with the provisions and requirements of this article and shall be filed on a form provided by the planning agency, and may include the payment of any such fee as the city council may hereinafter set by resolution. Said form shall also include a statement as to the legal effect of the approval of the proposed amendment.

(Ord. No. 806, § 5, 9-12-88)