Hemet Municipal Code Art. VI Vesting Tentative Maps

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Editor's note— Ord. No. 1737, §§ 2, 3, adopted June 28, 2005, repealed the former Art. VI, §§ 70-161—70-166, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from Ord. No. 1564, § 2, adopted July 29, 1997; Ord. No. 1714, § 2, adopted Apr. 13, 2004 and Ord. No. 1717, §§ 3, 4, adopted May 11, 2004.

It is the purpose of this article to implement the authority granted by Government Code §§ 66498.1 et seq., the Vesting Tentative Map Statute and to supplement those Government Code sections.

(Ord. No. 1737, § 3)

(a) Whenever this chapter requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions of this Article VI.

(b) Pursuant to Government Code § 66498.5(a), if a subdivider does not seek the rights conferred by this chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision.

(Ord. No. 1737, § 3)

(a) Applications for vesting tentative maps shall be filed and processed pursuant to sections 70-131 et seq, pertaining to procedure for tentative maps, except as otherwise required by this article.

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

(c) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development have been obtained or applications therefor are filed concurrently with such map.

(d) A rough grading plan satisfactory to the city engineer shall also be submitted. The grading permit shall not be approved prior to approval of the concurrent applications.

(e) At the time a vesting tentative map is filed, the subdivider shall also supply information required by concurrent applications. The information shall be in a form as required by the planning department, and may include, but not be limited to:

(1) Plans for all public works improvements to be constructed as a condition of the subdivision, prepared by a registered civil engineer in accordance with city standards;

(2) Plans for all site development, including, but not limited to topography, grading, drainage facilities, fences and walls, and miscellaneous structures, including existing details of features within 100 feet of the project site, prepared by a registered civil engineer in accordance with city standards;

(3) Geological studies in such form as acceptable to the city manager's designee and the building inspections superintendent, which shall include detailed soils reports, seismic analysis, bank stabilization, and other factors pertinent to the particular site location;

(4) Slope analysis for areas with slopes greater than 15 percent.

(5) Specific information on the uses to which the proposed project areas and buildings will be put;

(6) The numbers, height, size, and location of all buildings, building setbacks, number of stories, driveway locations, parking, and pedestrian access;

(7) Architectural plans satisfactory for review by the planning director, including site plans, floor plans, exterior elevations, roof plans, colors and materials information, lighting, and signs;

(8) Visual analysis, viewshed analysis and/or simulations, or community character study;

(9) Landscape plans prepared by a licensed landscape architect or contractor satisfactory for review by the planning director;

(10) A tree preservation plan. If there are no trees on the site, a statement to that effect should appear on the vesting tentative map. The tree preservation plan shall accurately identify all existing trees as to species, trunk size and dripline. Trees that are proposed for removal shall be marked "TO BE REMOVED." Any provisions for tree preservation, transplanting, or new planting shall be identified;

(11) Rock out-croppings on and within 100 feet of the project site;

(12) Biology study on and within 100 feet of the project site, or pertinent reports;

(13) All materials, information and studies as required by the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP).

(14) Archaeology study;

(15) Traffic reports and analysis, and pertinent related materials, in a form approved by the city manager's designee;

(16) Parking analysis;

(17) Acoustical report, prepared by a licensed engineer in a form acceptable to the planning director following the guidelines of the noise element of the general plan;

(18) Airport land use compatibility study;

(19) Sewer, water, storm drainage, road and other studies required to complete the plans;

(20) Flood control information and statements showing compliance with flood hazard regulations;

(21) Existing and proposed overhead and underground utility improvement details;

(22) All exhibits relating to approved discretionary actions or necessary for processing concurrent applications shall be submitted concurrently with the application for a vesting tentative map;

(23) Such other exhibits that fully depict features of the development which the developer desires review for the purpose of approval concurrently with the vesting tentative map;

(24) A phasing plan pursuant to Government Code § 66456.1 if there is an intent to record the map in phases or units. That phasing plan shall also address the timing and implementation of conditions and improvements. The city shall consider the phasing plan during its review of the proposed project. Phasing is not required, but may be proposed.

(25) The planning director may request, and the applicant shall promptly furnish any additional information as may reasonably be necessary to enable the director to fully analyze the application for a vesting tentative map or to evaluate the vesting effect which would follow from approval of the map.

(f) The city, in its discretion may deem void any application that remains incomplete 12 months from the date of original submittal. The city shall notify the applicant of its intention to void the stagnant application at least 30 days prior to withdrawal.

(g) Any resubmittal of a voided application shall require submittal of a new application, along with appropriate fees. A new case number shall be assigned.

(Ord. No. 1737, § 3)

Prior to a public hearing on the vesting tentative map as required under section 70-133, the application shall be reviewed by the development review committee in accordance with the requirements of Chapter 90, Article II, sections 90-46 et seq. The review is a check of the subdivision plans for compliance with this chapter, Chapter 90, the Hemet Municipal Code, the Uniform Fire Code, the Uniform Building, the Hemet General Plan, the City of Hemet Standard Specifications for Public Works Construction, and other applicable local, state, and federal plans and laws.

(Ord. No. 1737, § 3)

Review, consideration, and action upon an application for a vesting tentative map by the planning commission and/or the city council shall follow the same procedure as indicated in section 70-133 of this Code.

(Ord. No. 1737, § 3)

(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 time the application of the vesting tentative map is considered complete pursuant to Government Code § 66474.2. However, if § 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) and pursuant to Government Code § 66498.1(c), any permit, including a building 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.

(Ord. No. 1737, § 3)

(a) The approval or conditional approval of a vesting tentative map by the city shall expire two years after such approval. Prior to the expiration date, upon written request therefore, the vesting tentative map expiration date may be extended pursuant to Government Code § 66452.6.

(b) If a final map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final map area shall last for the periods listed below:

(1) An initial time period of one year following recordation of the final map. Where several final maps are recorded on phases of a project covered by a single vesting tentative map, the one-year time period for each final map shall begin on the date of recordation of that final map.

(2) The initial time period set forth in the above paragraph shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, provided however, that such extension shall only be for the number of days in excess of 30 days.

(3) If, during the one-year period following approval of a final tract map or parcel map, the city receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the tentative map shall continue until the expiration of the building permit.

(Ord. No. 1737, § 3)

At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. A public hearing shall be held by the planning commission on any application involving a modification to the vesting tentative map or by the development related thereto. Approval of a modification to a vesting tentative map or development related thereto, may be evaluated pursuant to Government Code § 66498.2 for compliance with the city regulations, standards, and policies in effect at the time the request for modification is deemed complete.

(Ord. No. 1737, § 3)