Lancaster Municipal Code Art. VI Vesting Tentative Maps

Whenever a tentative map is required, a vesting tentative map may be filed pursuant to Section 66498.1 of the Subdivision Map Act. The words "Vesting Tentative Map" shall be printed conspicuously on the face of the map in bold letters not less than one inch in height.

(Ord. 661 § 1 (240.010), 1994)

Except as otherwise provided in this section, the procedures, requirements and findings as listed in this title for a tentative map shall also apply to a vesting tentative map. The subdivider shall submit the information at the time of filing the tentative map as set forth in Chapter 16.08.

(Ord. 661 § 1 (240.020), 1994)

A. Development Rights Created. The approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the city's ordinances, policies and standards in effect at the time the application is complete, pursuant to Section 66498.1 and as more fully set forth in Section 66474.2 of the Subdivision Map Act.

B. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

1. 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.

2. 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 Article III of this chapter. If a final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded.

2. The initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural 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 prior to the expiration of the initial time period set forth in subsection (C)(1) of this section. If the extension is denied, the subdivider may appeal that denial to the city council.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1)—(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 661 § 1 (240.030), 1994)

A. Whenever a subdivider files a vesting tentative map which is inconsistent with Title 17 in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or the subdivider's designee, obtaining the necessary change in Title 17 to eliminate the inconsistency. If the change is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.08.320A, confer the vested right to proceed with the development in substantial compliance with the change in Title 17 and the map, as approved.

B. The rights conferred by this section shall be for the time periods set forth in Section 16.08.320C.

(Ord. 661 § 1 (240.040), 1994)