Imperial Beach Municipal Code Ch. 18.58 Vesting Maps

Whenever a provision of this title of the State Subdivision Map Act requires that a tentative map or a tentative parcel map be filed, at the discretion of the subdivider, a vesting tentative map or vesting tentative parcel map, respectively, may be filed instead.

(Ord. 669 § 2, 1986)

Vesting maps shall be filed and processed in the same manner as regular maps as provided in this title, except as may be otherwise provided in this chapter.

A. An application for a vesting tentative map or vesting tentative parcel map shall not be accepted as complete until all plans and applications required by this title for development of the lots to be created by such map are also filed by the City as complete.

B. No vesting tentative map or vesting tentative parcel map shall be approved or conditionally approved until all plans and applications required by this title for development of the lots to be created by such map are also approved by the City.

C. Concurrent with the recordation of any final vesting map or vesting parcel map, there shall be recorded covenants, conditions and restrictions, or other instruments, of a type and in form acceptable to the City Attorney, limiting the rights of vesting conferred by this chapter to development per plans and applications approved by the City in conjunction with the approval of the vesting tentative map or vesting tentative parcel map. Such recorded instruments shall provide for the expiration of the vested rights within the time limits established by this chapter.

(Ord. 669 § 2, 1986)

Vesting maps shall satisfy the applicable provisions of this title for map form and content, with the added provision that, at the time of filing, any vesting map shall have printed conspicuously on its face the words "Vesting Tentative Map," "Vesting Final Map," "Vesting Tentative Parcel Map" or "Vesting Parcel Map," as appropriate.

(Ord. 669 § 2, 1986)

A. The rights conferred by an approved vesting tentative map or vesting tentative parcel map shall last for an initial period of time from the date of approval of the tentative map/tentative parcel map to one year beyond the date of recordation of the final map/parcel map. Where more than one final map is recorded, related to different phases of a project covered by a single vesting tentative map, the time period shall last separately for each phase for one year beyond the final map recordation for that phase.

B. The initial time period for a vesting map shall automatically be extended by any time used by the City to process each subsequent complete application, related to the project covered by the vesting map, for a site plan review or for design review as per Chapters 19.81 and 19.83 of this code, or for a grading permit; provided, that the time used to process each such application exceeds 30 days; and further provided, that such processing occurs after the approval of the tentative map or tentative parcel map. For the purpose of this section, "complete application" shall be defined as an application including all elements in form and content as required by City regulations, demonstrating compliance with all applicable standards and regulations, and approvable under applicable findings.

C. Prior to the expiration of the initial time period for a vesting map, an application may be filed for a one-year extension. The requirements for and manner of processing of applications for extensions of vesting tentative maps and vesting tentative parcel maps shall be the same as provided in this title for extensions of time for tentative maps and tentative parcel maps, respectively.

(Ord. 669 § 2, 1986)

If a complete application for a building permit is submitted for development on a lot or lots covered by a vesting map during the time periods specified in Section 18.58.040, the rights conferred by the vesting map to such lot or lots shall continue until the expiration of that permit, or until expiration of any extension of time granted for that permit by the City.

(Ord. 669 § 2, 1986)

When the City approves or conditionally approves a vesting tentative map or vesting tentative parcel map, that approval shall confer a vested right to proceed with development in substantial compliance with the City's ordinances, policies and standards in effect at the time of approval of the vesting tentative map or vesting tentative parcel map; provided, however, that this vested right applies only in conjunction with detailed development plans approved with the approval of the vesting tentative or vesting tentative parcel map. No development right shall be vested other than that specifically provided in the approved development plans. The ordinances, standards and policies tested by this section shall include ordinances, policies and standards not in effect, but for which proceedings were formally initiated by the City and publicly noticed, prior to the submittal of a complete application for the vesting tentative map or vesting tentative parcel map.

(Ord. 669 § 2, 1986)

A. Notwithstanding the provisions of this chapter, any approval, extension, permit or entitlement relative to a vesting map or development pursuant to a vesting map may be denied or conditioned if either of the following findings are made:

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; or

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

B. The rights conferred by this chapter relative to major subdivisions shall expire if a final map is not approved prior to the expiration of the vesting tentative map.

C. The rights conferred by this chapter relative to minor subdivisions shall expire if a parcel map is not approved prior to the expiration of the vesting tentative parcel map.

D. 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 vested through a vesting map, and the City may grant these approvals or issue these permits, to the extent that the departures are authorized under applicable law.

E. Until January 1, 1988, this chapter applies only to residential development and vesting tentative or tentative parcel maps approved prior to this date, and shall confer the rights conveyed by this chapter only to residential development. On and after January 1, 1988, this chapter shall apply to all development, residential, commercial and industrial, and any combination thereof.

(Ord. 669 § 2, 1986)