Del Rey Oaks Municipal Code Ch. 16.11 Vesting Tentative Maps

Vesting tentative map means a tentative map for a subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with this title and which, if approved or conditionally approved by the city council, confers a vested right to proceed with development in substantial compliance with ordinances, policies and standards in effect at the time an application for said map is accepted by the city as complete.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

When a provision of this title requires the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provision of this title.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

A vesting tentative map shall be filed in the same form, possess the same contents, and shall be processed in the same manner as set forth in this title for a tentative map, except as hereinafter provided. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

The subdivider must make application and receive approval concurrent with the vesting tentative map for all zoning approvals, including, but not limited to, site and architectural design review approvals, conditional use permits, zoning variances, and grading and drainage plans, which are necessary for ultimate development on the area covered by the vesting tentative map.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

An approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on required approvals or permits necessary for the development and authorized by the ordinance, policies and standards as described in Government Code Sections 66474.2 and 66498.1(b).

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

After approval or conditional approval of a vesting tentative map, amendments can be made only by following procedures for the original approval or conditional approval. Approvals or permits which depart from the vesting tentative map may only be granted based upon an amendment to the vesting tentative map. No amendments shall be granted so as to modify or delete any public improvements and site development requirements and conditions approved in the first instance by the city council, including, but not limited to, grading, drainage facilities and structures. This section shall not be construed to prevent the city from denying or placing any conditions upon approval of a final map pursuant to Government Code Section 66498.1(c).

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

A. The rights conferred by a vesting tentative map shall last for an additional time period of one year beyond 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.

B. The initial time period set forth herein 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.

C. A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth herein expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.

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

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)

A. The approval or conditional approval of a vesting tentative map by the city council shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards described in Sections 66474.2 and 66498.1(b) of the Government Code.

B. Notwithstanding the above provisions, a permit, approval, time extension and/or entitlement may be made conditional or denied by the city council 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;

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

C. Expiration. An approved or a conditionally approved vesting tentative map shall be effective for the same time periods as provided for in this title for tentative maps.

(Ord. No. 245, § 1 (Exh. A), 5-26-1998)