La Quinta Municipal Code Ch. 13.16 Vesting Tentative Maps

The purpose of this chapter is to establish procedures for the review and approval and administration of vesting tentative maps.

(Ord. 272 § 1, 1995)

This chapter shall apply only to residential and/or commercial developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a residential or commercial development, a vesting tentative map may instead be filed in accordance with the provisions of this chapter.

(Ord. 272 § 1, 1995)

The provisions of this chapter are enacted pursuant to the authority granted by Chapter 4.5, commencing with Section 66498.1 of the Government Code.

(Ord. 272 § 1, 1995)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with provisions of the general plan, any specific plan, the zoning ordinance, or any applicable provisions of this code.

(Ord. 272 § 1, 1995)

A vesting tentative map shall be filed in the same form and have the same content, accompanying data and reports and shall be processed in the same manner described for tentative maps in Chapter 13.12 except as described in this chapter.

(Ord. 272 § 1, 1995)

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." The application shall be accompanied by the following materials:

A. A layout of the proposed method of sewage disposal;

B. A layout of the proposed potable water supply and fire protection systems;

C. Geotechnical reports for the subdivision area;

D. Details on the height, size and location of proposed buildings;

E. Architectural elevations, schematic plans and materials board for proposed buildings;

F. Preliminary grading and landscaping plans; and

G. A phasing plan and schedule for the development of the subdivision.

(Ord. 272 § 1, 1995)

A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

The above notwithstanding, a permit, approval, extension or entitlement may be made conditional or may be denied if any of the following are determined:

1. Failure to do so would place the residents of the subdivision or the immediate community in a condition or state dangerous to their health or safety; or

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

B. The provisions of this section shall not:

1. Limit the city from imposing reasonable conditions on subsequently required approvals or permits necessary for the development so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision; or

2. Diminish or alter the city's power to protect against a condition dangerous to the public health or safety.

(Ord. 272 § 1, 1995)

A vesting tentative map shall be approved by the city only if the city makes findings in accordance with Section 13.12.120.

(Ord. 272 § 1, 1995)

The approval or conditional approval of a vesting tentative map by the city council shall expire twenty-four (24) months after such approval. Prior to the expiration date, upon written request therefor, the vesting tentative map expiration date may be extended by the city council for a period or periods not exceeding a total of three (3) years.

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.

A. An initial time period of eighteen (18) months 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 eighteen (18) month time period for each final map shall begin on the date of recordation of that final map.

B. The initial time period set forth in subsection A of this section 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 (30) days; provided, however, that such extension shall only be for the number of days in excess of thirty (30) days, and provided further that such extensions shall not be cumulative.

C. If, during the two (2)-year period following approval of a final 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. 272 § 1, 1995)

Within thirty (30) days of the approval of a tentative map, the city clerk shall submit the conditions of approval of the map to the Riverside County recorder for recordation against the property to which they apply.

(Ord. 326 § 1, 1998)