La Mesa Municipal Code Ch. 22.07 Vesting Tentative Map

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 Chapter 22.02 and 22.04, and additional requirements cited in Section 22.07.020.

A. Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required by City Council resolution for filing and processing of a tentative map.

B. Expiration. The approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map.

C. Requirements for approval or disapproval of maps. In addition to the other provisions of this title, a vesting tentative map or vesting tentative parcel map shall not be approved or conditionally approved unless the final decision making body, finds on the basis of the studies and reports submitted to the subdivider, that all public facilities necessary to serve the subdivision will be available for the entire time that the vesting tentative map or vesting tentative parcel map is valid plus any time during which the rights conferred by Section 22.07.030 exist.

(Ord. 2414 § 2; December 17, 1985)

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." In addition to the other information required by this title to be shown on or provided with a tentative map or tentative parcel map, the subdivider shall also supply the following information.

A. The design and specifications for all public facilities including but not limited to on and off site sewer, water, storm drains, roadway improvements, fire hydrants, and street lighting.

B. Utility location and proposed relocation plan.

C. School district and all other special district boundaries.

D. District transmittal letters indicating service availability, length of time service availability can be guaranteed, approvals, and district fees.

E. Reports including but not limited to detailed geologic, soils, drainage, and traffic reports.

F. Environmental Assessment or Environment Impact Report.

G. Grading plan as defined by the City Engineer.

H. Site plan showing proposed building locations and landscape plans.

I. Elevations and floor plans of all buildings proposed.

J. A list of all building types shown of the site plan including but not limited to height, size, location, occupancy, class, construction type, and proposed use.

K. Flown topographical map of site and project vicinity.

L. Vesting map fees.

M. Schedule of all permit fees and miscellaneous fees required by the City to complete the proposed subdivision.

N. All local, state and federal permits or approvals required for development of the proposed project, except those requiring a final map as a prerequisite.

O. A plan showing proposed phasing of final maps.

(Ord. 2414 § 2; December 17, 1985; Ord. 2021-2886, § 9, June 8, 2021)

A. Vesting on approval of vesting tentative map.

1. The approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in California Government Code Section 66474.2. However, if Section 66474.2 of the California 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.

2. Notwithstanding paragraph 1 above, a permit, approval, extension or entitlement may be 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.

3. The rights referred to herein shall expire if a final map or parcel map is not approved prior to the expiration of the vesting tentative map as provided in Section 22.07.010 B. If the final map or parcel map is approved, these shall last for the following periods of time:

a. An initial time period of twenty-four (24) months. Where several 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 the phase is recorded.

b. The initial time period set forth in subparagraph 3, a. above 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 complete application is filed.

c. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subparagraph 3, a. expires. An extension may be granted only if the decision making body finds that the map still complies with the requirements of this chapter. The decision making body may approve, conditionally approve or deny an extension in its sole discretion. If the extension is denied, 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 period of time specified in subparagraphs 3, a. through 3, c., the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

4. The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if the applicant has requested and the City has approved a revision of the tentative vesting map or tentative vesting parcel map pursuant to Sections 22.02.010 D, 8 or 22.04.010 E, 7.

B. Consistency with zoning and general plan.

1. No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map or the design or improvement of the proposed development are not consistent with the applicable general, specific or master plans or with the applicable provisions of Title 24. If development of the project for which a vesting tentative map or vesting tentative parcel map requires any permits or approvals pursuant to Title 24 of this code those permits or approvals shall be processed concurrently with the vesting tentative map or vesting tentative parcel map. A vesting tentative map or vesting tentative parcel map shall not be approved if all other discretionary permits or approvals have not been approved either prior to or concurrently with approval of the map.

2. The rights conferred by this section shall be for the time period set forth in subsection A, 3, a.

C. Applications inconsistent with current policies.

1. 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 subsections A, 1 and B, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 2414 § 2; December 17, 1985)