Daly City Municipal Code Ch. 16.18 Vesting Tentative Maps

It is the purpose of this section to establish procedures necessary for the implementation of a vesting tentative map statute. It is the intent of this section to provide the applicant with an alternative tentative map review process in which a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Subdivision Map Act can be obtained upon approval or conditional approval of the vesting tentative map.

(Ord. 1049 § 2 (part), 1985)

A. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the city subdivision ordinance, requires the filing of a tentative map or tentative parcel map for a residential 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. 1049 § 2 (part), 1985)

A. A vesting tentative map shall include all the contiguous property either owned or controlled by the subdivider, as defined in this title.

B. A vesting tentative map may be approved by the city council prior to any land division or redivision or realignment of property lines for the purpose of sale, lease or financing, whether immediate or future, by a subdivider; provided, that this title shall not apply to the financing or leasing of apartments, office, stores or similar space within an apartment building, industrial building, commercial building or trailer park, nor shall this title apply to mineral, oil or gas leases.

C. Thirty copies of a vesting tentative map, one of which is to be reproducible by the "Diazo" process, and statements for the proposed division of lands shall be filed with the planning and zoning division not less than forty-five days prior to the regular meeting of the planning commission at which consideration of such map is desired, together with a nonrefundable filing fee to be established by the city council by resolution. A map shall be deemed filed after final action under the California Environmental Quality Act is completed.

D. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words, "Vesting Tentative Map."

(Ord. 1049 § 2 (part), 1985)

Vesting tentative maps shall be at least eighteen inches by twenty-four inches in size and to a scale of at least one inch to each one hundred feet unless otherwise approved by the planning commission, and shall be clearly and legibly drawn.

(Ord. 1049 § 2 (part), 1985)

In addition to information required in Section 16.18.030, vesting tentative map or maps and statement shall contain the following information:

A. A field survey which includes sufficient elevations or contours to determine the general slope of the land and the high and low points thereof, both existing and proposed elevations will be indicated; location, type and size of existing vegetation; alignment of all existing underground utilities; sufficient surrounding area will be shown to indicate compatibility of both developed and undeveloped adjoining lands;

B. A detailed grading plan which includes the location, widths and approximate grades, existing and proposed, of all buildings, roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof, the amount of soil to be imported to or taken from the site and hauling routes for all trucks, and the approximate radius of all curves of such roads, streets, highways and ways;

C. A detailed site plan which illustrates the height, size and location of all buildings, proposed use of all buildings, parking areas, location of all parking area and street lighting, location and timing of all public improvements including sewer, water, storm drainage and utilities, location of all public areas, tot lots and recreational facilities, public open space;

D. A landscaping and irrigation plan which illustrates all existing and proposed planting by type, location and size as well as type and location of all permanent automatic irrigation facilities. A manual outlining the maintenance procedures for each plant species shall also be included;

E. Architectural renderings, including color renderings of all four elevations and several perspectives in order to present information needed by the design review committee as in Section 16.18.070;

F. Building plans, engineering calculations, diagrams and other data as required by the building official in order to determine compliance with all applicable codes, including but not limited to building and fire codes. These plans, computations and specifications are to be prepared and designated by an engineer or architect licensed by the state to practice as such.

(Ord. 1049 § 2 (part), 1985)

In addition to information required in Section 16.18.050, a subdivision statement shall accompany each vesting tentative map submitted pursuant to Section 16.18.020, which statement shall be in writing and shall contain the following information:

A. A statement of the property's value based upon a fair market value appraisal prepared by a licensed appraiser and based upon recent sales of similarly improved lots in the area of the proposed development;

B. A pro forma projection of itemized construction costs and anticipated annual income, expenses and cash flow from the investment;

C. A market study projecting future demand for the specific dwelling units being proposed, recognizing other developments in the area and housing trends. The sale and/or rental prices should also be estimated;

D. A geotechnical investigation prepared by a licensed geologist or engineering geologist shall be required if the project is within the special studies zone, as defined by the state geologist, or if any portion of the site has or will have a slope in excess of fifteen percent.

(Ord. 1049 § 2 (part), 1985)

The design review committee, appointed by the mayor with the concurrence of the city council, comprised of licensed architects, licensed landscape architects, designers, building inspectors and persons in similar professions and residents of the city shall determine if the proposed development serves as a group of buildings or other facilities which will be well related one to another and which, taken together, will result in a well-composed urban design, with consideration given to site, height, arrangement, texture, material, color, and appurtenances, the relation of these factors to other buildings and facilities in the immediate area, and the relation of the development to the total setting as seen from key points in the surrounding area and that the proposed development shall be of a quality and character which harmonizes with, and serves to protect the value of, private and public investments in the area. This committee's report shall be considered as a part of the planning commission's review.

(Ord. 1049 § 2 (part), 1985)

The planning commission, within the time prescribed, shall approve, conditionally approve or disapprove the same and shall report such action, in writing, to the subdivider and shall transmit to the city council, a copy of the vesting tentative map and any other related information and a memorandum setting forth the action of the planning commission thereon. The commission may continue the matter for a period not to exceed thirty days. This period may be longer with the applicant's consent and the applicant may request additional continuances.

(Ord. 1049 § 2 (part), 1985)

The city council may either approve or disapprove the vesting tentative map, or make modifications to same. In the event that major modifications are made to elements of the vesting tentative map, the city council shall refer the matter of the vesting tentative map back to the planning commission for a report at their next regular meeting in connection with the modifications or deletions made by the city council. The planning commission will consider the matter at its next regular meeting.

(Ord. 1049 § 2 (part), 1985)

A. Design review committee recommendation on the vesting tentative map shall occur no later than thirty days after a complete application has been submitted and prior to any discretionary approval as outlined in Section 16.18.070.

B. Planning commission public hearing on the vesting tentative map shall occur no later than sixty days after a complete application has been submitted.

C. Any discretionary approval, or conditional approval including zone changes, use permits, variances, general plan amendments and environmental assessments shall occur in concurrence with vesting tentative map approval or conditional approval.

D. Despite any provision in this title to the contrary, failure of the city council to act upon any application for a vesting tentative map shall not under any circumstance constitute approval of such application.

(Ord. 1049 § 2 (part), 1985)

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, polices, 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 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 16.18.120. If the final map is approved, these rights shall last for a one year period after final map approval.

D. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this phasing of the final maps shall be completed within three years of the approval of the tentative map; and if it is not, the vesting rights referred to herein shall expire. This period may be extended under Section 16.18.130.

E. If the subdivider submits a complete application for a building permit for the periods of time specified, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

The approval or conditional approval of a vesting tentative map shall expire two years after its approval or conditional approval in accordance with Section 66452.6 of the Subdivision Map Act.

(Ord. 1049 § 2 (part), 1985)

A. Prior to the expiration of the vesting tentative map, the applicant may apply for a one time extension of up to two years.

B. Prior to the expiration of the vesting tentative map, the applicant may apply for an amendment to the vesting tentative map. The applicant may do so by submitting the amended vesting tentative map within thirty days of the expiration of the original vesting tentative map. Such an amendment shall be processed in the same manner as a new vesting tentative map and shall be subject to all of the requirements of this chapter. The planning commission and city council may consider the nature of the amendment and how it affects vesting rights.

(Ord. 1049 § 2 (part), 1985)