Hawthorne Municipal Code Ch. 16.42 Vesting of Tentative Maps for Subdivisions

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 (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance.

(Ord. 1359 § 1, 1966)

A. It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the subdivision ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to the vesting tentative map ordinance.

B. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. 1359 § 1, 1966)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan or not permitted by Title 17 of this code or other applicable provisions of this code.

(Ord. 1359 § 1, 1966)

As used in this chapter:

"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 Section 16.42.060 of the code and is thereafter processed in accordance with the provisions of this chapter.

(Ord. 1650 § 2, 1998)

A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, 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. 1650 § 4, 1998)

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 the subdivision ordinance 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 the following information:

1. Size, height, and location of buildings;

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

3. Grading plans;

4. Architectural plans;

5. Any information necessary or convenient to the preparation of a project description and analysis of the proposed development and/or subdivision for purposes of compliance with the California Environmental Quality Act (CEQA), as determined by city.

C. At the time a vesting tentative map is filed, a subdivider shall supply the information required by Sections 16.42.030 and 16.42.040 of this code.

(Ord. 1650 § 6, 1998)

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 this title, expiration of the approval or conditional approval of a tentative map.

(Ord. 1359 § 1, 1966)

A fee shall be paid to the city in an amount set by resolution of the city council to cover costs, and the city treasurer shall issue a receipt therefor.

(Ord. 1359 § 1, 1966)

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 in effect at the date the application is completed pursuant to Section 65943 of the California Government Code. However, if the city council or planning commission has formally initiated proceedings by way of ordinance or resolution and published notice of such ordinance or resolution, set forth in, to amend applicable general or specific plans, or zoning or subdivision ordinances before the application has been completed, the city may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the city approves or disapproves the tentative map. If the subdivider requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the subdivider's request shall apply.

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 16.42.070 of this chapter. If the final map is approved, these rights shall last for the following period of time:

1. An initial time period of twenty-four months. 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 subsection (C)(1) 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 thirty days, from the date a complete application is filed.

3. A subdivider may request a one-year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 1664 § 17, 1999)

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 16.42.090A, 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 16.42.090C.

(Ord. 1359 § 1, 1966)

Notwithstanding any provision of this chapter, 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 16.42.090 and 16.42.100 of this chapter, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 1359 § 1, 1966)