La Habra Heights Municipal Code Ch. 9.5 Vesting Tentative Maps

The purpose of this Chapter is to establish procedures necessary for the implementation of the Vesting Tentative Map statutes, pursuant to Government Code Section 66498.1, et seq.

No land shall be subdivided and developed pursuant to a Vesting Tentative Map for any purpose that is inconsistent with the La Habra Heights General Plan, any applicable specific plan or not permitted by this Article, or other applicable provisions of the Municipal Code.

A Vesting Tentative Map shall mean a Tentative Map as defined in this Article that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 9.5.50, and is thereafter processed in accordance with the provisions hereof. Except as otherwise set forth in this Article, the provisions of this Article relating to Tentative Maps shall also apply to Vesting Tentative Maps.

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Article, requires the filing of a Tentative Map or Tentative Parcel Map, a Vesting Tentative Map may instead be filed. 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, permit for construction, or work preparatory to construction.

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 this Article 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. A statement that the Vesting Tentative Map is consistent with the current zoning of
the land, or that an application has been filed for rezoning or prezoning the land which
will be processed concurrently with the Vesting Tentative Map. If a use permit is
required, the permit shall be processed prior to or concurrently with the Vesting
Tentative Map.

2. A tentative utility plan indicating the location of all public utilities and facilities
including, but not limited to, facilities for water, sewer, electric, gas, cable, and street
lighting to be installed to serve the subdivision and any facilities which currently exist
within the boundary of the subdivision.

3. The height, size, location, architectural plans and use of all buildings to be constructed
within the subdivision.

4. Grading plans based on actual field surveys.

5. Wild fire prevention plan and/or noise analysis with suggested mitigation measures if
required by the City’s General Plan or any specific plan.

6. Required approval letters from other agencies where applicable and feasible.

7. When required by the Community Development Department, feasibility studies,
traffic studies, economic analyses, or other future impact studies.

8. Landscaping plans.

9. Any other studies required because of the peculiarities of the subdivision.
All Vesting Tentative Map submittals must be accurate and complete, and must satisfy all
requirements of the Community Development Department.

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 Article for the expiration of the approval or conditional approval of a Tentative Map.

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 described in the Subdivision Map Act. However, if Government Code Section 66474.2 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 application for the Vesting Tentative Map was deemed complete. The applicant shall obtain a copy of the applicable land use ordinances and policies in effect at the time the application was complete, and provide such copy to the City. Notwithstanding the preceding, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

A. 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.

B. 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 9.5.60. If the Final Map is
approved and recorded, these rights shall last for the following periods of time:

1. An initial time period of one (1) year after recording. Where several Final Maps are
recorded on various phases of a project covered by a single Vesting Tentative Map,
this initial period shall begin for each phase when the Final Map for that phase is
recorded. All such Final Maps must be recorded within the time period set forth in
Section 9.5.60 or the Vesting Tentative Map approval shall expire for those parcels
for which Final Maps are not timely 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 review, if such processing exceeds thirty (30) days from
the date a complete application is filed.

3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires. The request for extension shall be submitted in writing to the Secretary of the Planning Commission. The Planning Commission shall review any request for extension and an extension may be granted for a maximum period of one (1) year. An appeal from a denial of extension must be made in writing to the City Clerk within fifteen (15) days. The City Council shall schedule a hearing within thirty (30) days of receipt of the notice to appeal. The City Council shall deny a request for extension unless it finds that changes to any City ordinances, policies, or standards that were adopted subsequent to the time of filing the Vesting Tentative Map are not necessary to protect the public health, safety or welfare or if the City Council finds that the extension is not beneficial to the public health, safety or welfare.

   D. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection C of this section and the building permit is approved, the rights referred to herein shall continue until the expiration of that permit, or any granted extension of that permit.

Whenever a subdivider files a Vesting Tentative Map for a subdivision whose intended development is inconsistent with the zoning in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a Vesting Tentative Map if the City finds the Vesting Tentative Map to be inconsistent with the zoning of the property, or proposed zoning ordinance which is being processed concurrently with the vesting tentative map. If a change in the zoning or use permit is obtained, the approved or conditionally approved Vesting Tentative Map shall, notwithstanding Section 9.5.70, confer the vested right to proceed with the development in substantial compliance with the change in the zoning, and the map as approved. The rights conferred by this section shall be for the time periods set forth in Section 9.5.70.

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 9.5.70 and 9.5.80, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.