Irvine Municipal Code Ch. 6 Vesting Tentative Maps: Processing Procedures

Vesting tentative maps shall comply with the same requirements as specified in Chapter 4 for tentative maps of this division.

(Ord. No. 09-03, § 5, 4-28-09)

Vesting tentative maps shall comply with the same requirements set forth in Section 5-5-402 of this division for tentative maps.

(Ord. No. 09-03, § 5, 4-28-09)

Except as provided in this chapter, vesting tentative maps shall be processed in the same manner and shall be subject to the same requirements as specified for tentative maps in Chapter 4 of this division.

(Ord. No. 09-03, § 5, 4-28-09)

A. Subject to the time limits established by Section 5-5-605 of this chapter, 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 for such vesting tentative map is deemed complete. If a final map is timely filed and approved, the rights conferred by the approval or conditional approval of a vesting tentative map shall exist for an initial time period of one year beyond the recording of the final map, unless otherwise required by State law. Where several final maps are recorded in phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded.

B. The initial time period, as mentioned above, shall be automatically extended by any time used to process a complete application for a grading permit or for design or architectural review, if the time to process the application exceeds 30 days from the date that a complete application is filed.

C. At any time prior to the expiration of the initial time period set forth in Subsection A. of this section, the subdivider may apply for a one-year extension of the vested rights. If the extension is denied by the advisory body, the subdivider may appeal that denial to the City Council within fifteen (15) days.

D. If the subdivider submits a complete application for a building permit during the above specified time periods, the vested rights shall continue until the expiration of that permit, or any extension thereof granted by the Building Official.

E. If the subdivider allows one of the time periods as mentioned above to expire, then the vesting tentative map will be treated as if it were approved as a tentative map and processed in accordance with Section 5-5-703 of this division.

F. The vested rights shall expire if a final map is not approved prior to the expiration of the vesting tentative map.

(Ord. No. 09-03, § 5, 4-28-09; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A. The approval or conditional approval of a vesting tentative map shall expire 24 months after the date the vesting tentative map was approved or conditionally approved or such other period as may be set by Government Code § 66452.6 or any successor statute thereto. Prior to the expiration of said 24-month period, or any extension granted pursuant to Paragraph B of this section, the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared in accordance with the tentative map as approved, and filed in accordance with Government Code § 66452.6(d).

B. Upon written application of the subdivider, extension(s) not exceeding a total of three additional years may be approved, conditionally approved or denied at the sole discretion of the City by the advisory agency or on appeal by the City Council. Such application for an extension of time shall be filed prior to the expiration date as previously approved by the advisory agency or City Council. As a condition to granting an extension of time, the advisory agency may require compliance with any additional requirements deemed necessary if it makes one of the following findings in accordance with the provisions of Government Code § 66498.1(c) or any successor statute:

1. A failure to do so would place the residents of the subdivision or the or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

2. The condition(s) or denial is required to comply with State or federal law.

C. Effect of map modifications on extensions. The modification of a vesting tentative map after approval or conditional approval, as provided in Section 5-5-606 of this chapter, shall not extend the time limit for recording the final map set forth in Subsection A of this section.

D. Failure to file final map. Failure to file the final map within the time periods set forth in this section shall automatically terminate and void the vesting tentative map and the vested rights associated therewith.

(Ord. No. 09-03, § 5, 4-28-09)

Any time prior to the expiration of a vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to such map in accordance with the provisions of Chapter 9 of this division.

(Ord. No. 09-03, § 5, 4-28-09)

The provisions of this chapter shall not be construed to prevent the City from conditionally approving or disapproving any subsequent application by the subdivider for a permit, license or other entitlement after the approval of a vesting tentative map; provided such conditional approval or denial is made in accordance with the ordinances, policies and standards in effect at the time the vesting tentative map application was deemed complete as described in Section 5-5-604A of this chapter.

(Ord. No. 09-03, § 5, 4-28-09)