La Verne Municipal Code Art. II Vesting Tentative Maps

The purpose of the vesting tentative map is to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to implement and supplement the provisions of the Subdivision Map Act and the city subdivision ordinance. Except as otherwise set forth in the provisions of the article, the provisions of the subdivision ordinance shall apply to vesting tentative maps.

(Ord. 858 § 3, 1994)

A "vesting tentative map"

means a residential parcel or tract map which has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.16.010 and is thereafter processed in accordance with the following provisions and the requirements of Sections 16.16.010 and 16.16.060—16.16.140 of this chapter.

(Ord. 858 § 3, 1994)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose inconsistent with the general plan, applicable zoning or specific plan, or not permitted by the zoning ordinance or other applicable provisions of this code.

(Ord. 858 § 3, 1994)

Vesting tentative maps shall apply only to residential parcel maps and tract maps in accordance with the provisions of the Subdivision Map Act and city subdivision ordinance.

(Ord. 858 § 3, 1994)

A vesting tentative map shall be filed in the same form, have the same contents, accompanying data and reports as set forth in the city subdivision ordinance for tentative maps, 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, the subdivider shall also supply the following information:

1. Five-hundred-foot property ownerships radius map and list;

2. Architectural plans indicating height, size, use and location of buildings;

3. Sewer, water, storm drain and street conceptual plans and capacity analysis;

4. Detailed grading plan, including cut and fill exhibits;

5. Geologic studies, soils report and seismic information;

6. Flood control report;

7. Conceptual landscaping plan;

8. Environmental initial study including archaeological record search;

9. Preliminary title report;

10. Tree map and tree preservation program consistent with Title 18, Chapter 18.78 of this code, indicating all trees over four inches diameter at three feet above grade;

11. View study superimposed over photographs indicting the visual impact of the proposed development;

12. Utility and public services study, including written acceptance from such agencies, demonstrating sufficient service capabilities including cable television.

(Ord. 858 § 3, 1994)

A vesting tentative map shall be processed in the same manner as set forth in the city subdivision ordinance for a tentative map except as hereinafter provided:

A. After determination of completeness of the application, the community development director shall have fifty days to schedule a public hearing before the planning commission. During this period the director shall schedule an advisory review before the development review committee.

B. The planning commission shall forward its recommendation to the city council within thirty days after planning commission action on the community development director's report. In no event shall processing exceed one year from determination of completeness of application, unless extensions are mutually agreed upon.

(Ord. 858 § 3, 1994)

The approval or conditional approval of a vesting tentative map shall expire or be subject to extension of time pursuant to the Subdivision Map Act and local ordinance as follows:

A. Vesting tentative parcel maps: Initial approval two years; extensions may be granted up to one year in time increments as determined by the city council. Additional extensions may be granted pursuant to Section 66452.6 of the Subdivision Map Act;

B. Vesting tentative tract maps: Initial approval of two years; a maximum of three extensions may be granted, each limited to one year in time increments as determined by the city council (pursuant to Section 66452.6 of the Subdivision Map Act);

C. The city council shall conduct a noticed public hearing when an extension is requested. The applicant shall be responsible for filing a current property ownership map and list and for payment of processing fees pursuant to the city fee resolution.

(Ord. 858 § 3, 1994)

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 Subdivision Map Act, Section 66474.2. However, if Section 66474.2 is repealed, that approval or conditional approval shall confer a vesting right to proceed with the development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(Ord. 858 § 3, 1994)

A. Notwithstanding Section 16.16.220, a permit approval, extension or entitlement may be made conditional or denied if from the facts presented any of the following findings are determined:

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

2. That the condition or denial is required in order to comply with state or federal law;

3. That the proposed map is not consistent with the general plan of the city and applicable zoning, specific plan and/or zoning ordinance;

4. Than the design or improvement of the proposed division of land is not consistent with the general plan of the city, applicable zoning or specific plan;

5. That the site is not physically suitable for the type of development;

6. That the site is not physically suitable for the proposed density of development;

7. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

8. That the design of the subdivision or type of improvements is likely to cause serious public health problems;

9. That the design of the subdivision or the proposed improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed division of land.

(Ord. 858 § 3, 1994)

A. The rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.16.210. If the final map is approved, these rights shall last for one year from date of approval, if grading or building permits have not been issued.

B. The initial one-year period may be extended for one year, upon written request by the subdivider. The written request shall be received by the city clerk thirty days prior to the expiration of vesting rights as contained in subsection A of this section.

C. If the subdivider submits a complete application for a building permit during the period of time specified in subsections A and B of this section, the rights referred to shall continue until the expiration of the building permit.

(Ord. 858 § 3, 1994)

Where several maps are recorded on various phases of a project covered by a master tentative map, the rights of vesting pursuant to Section 16.16.240 shall be conditioned upon the approval of each respective final map. No phased map shall be permitted to be recorded after the expiration of the master tentative map.

(Ord. 858 § 3, 1994)

In accordance with Government Code Section 66474.9, the subdivider shall provide documentation to the satisfaction of the city attorney and city engineer defending, indemnifying and holding the city or its agents, employees and officers harmless from any claim, action or proceeding against the city to attack, set aside, void or annul the city's approval.

(Ord. 858 § 3, 1994)