Montebello Municipal Code Ch. 16.24 Vesting Tentative Maps

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code, State of California (hereinafter referred to as the "Vesting Tentative Map Statute") and may be cited as the vesting tentative map regulations.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (A))

A. The purpose of this chapter is to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act (Government Code Section 66410 et. seq.) and the subdivision regulations of the city. Except as otherwise provided hereinafter, the provisions of the subdivision ordinance shall apply to the vesting tentative map regulations.

B. The regulations set forth in this chapter are determined to be necessary for the preservation of the public heath, safety and general welfare, and for the promotion of orderly growth and development. By this chapter, the city intends to accomplish the following objectives:

1. To establish a procedure for the approval of tentative tract maps that will provide certain statutorily vested rights to a subdivider;

2. To insure the city acts in a manner consistent with the Subdivision Map Act when city approves or conditionally approves a vesting tentative tract map;

3. To insure that the city has maximum discretion, consistent with Section 66498.1 of the California Government Code, in the imposition of conditions occurring subsequent to the approval of the vesting tentative tract map.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (B))

A. Whenever a provision of the subdivision regulations of the city requires the filing of a tentative map or parcel map, a vesting tentative map may instead be filed in accordance with the provisions of this chapter.

B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, 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.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (D))

A. "Vesting tentative map" means a tentative map, as defined in the Subdivision Map Act, that shall have printed conspicuously on its face the words "VESTING TENTATIVE MAP" at the time it is filed.

B. All other definitions set forth in the Subdivision Map Act and the subdivision regulations of the city of Montebello are applicable herein.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (C))

A. A vesting tentative map shall be filed on the same form and have the same contents, accompanying data, and reports and shall be processed in the same manner as set forth in the subdivision regulations for a tentative map except as provided below:

1. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "VESTING TENTATIVE MAP";

2. A complete set of architectural plans setting forth the exterior design, materials to be used, building envelope, elevations, height and size of the building(s), number of units, driveways, and any proposed exterior walls;

3. Location and use of building(s);

4. Landscape and irrigation plans, indicating all plant materials, automatic irrigation systems, lighting, walls and fences;

5. Grading and drainage plans including, but not limited to, existing ground contours out to at least fifty feet beyond property lines and across the full width of any public rights-of-way, proposed pad elevations and slope banks, and proposed drainage pattern and type of drainage systems;

6. Geological studies and soils report;

7. Flood control information;

8. Hydrology study;

9. Utility plans indicating the design of all proposed public improvements including, but not limited to, streets, sidewalks, water distribution system and sewer plan setting forth the sewage disposal system.

B. All applicants for vesting tentative maps shall concurrently submit applications for all other discretionary approvals, including, but not limited to, design review, conditional use permits and variances.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (E))

All persons submitting a vesting tentative map shall pay the fees for processing subdivision maps as required by Section 16.08.030.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (I))

A. The approval or conditional approval of a vesting tentative map shall confer a vested right in the subdivider, or assignee, to proceed with development in substantial compliance with the ordinances, policies and standards of the city in effect at the time the vesting tentative map is deemed complete.

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

1. A failure to do so would place the residents of a subdivision or 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. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the 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 his/her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If a change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development, notwithstanding subsection A of this section, in substantial compliance with the change in the zoning ordinance and the map, as approved.

D. Notwithstanding any provision of this chapter, a property owner or his/her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described herein and such approvals or permits may be granted or issued to the extent that the departures are authorized under applicable law.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (F))

A. The approval or conditional approval of vesting tentative maps shall expire at the end of the same time period established by the Montebello subdivision regulations and other applicable law for the expiration of the approval or conditional approval for tentative maps and shall be subject to the same extensions allowed for such maps.

B. The vested rights conferred by a vesting tentative map shall last for a period of one year from the date of recordation of a final map. An additional one-year extension may be granted by the planning commission upon application by the subdivider. If the extension is denied, the subdivider may appeal to the city council within fifteen calendar days of such a decision.

C. Where several final maps are recorded on various phases of a project by a single vesting tentative map, the one-year period described in subsection A of this section, shall begin for each phase when the final map for that phase is recorded.

D. The initial time period set forth in subdivision B of this section, shall be automatically extended by any time used thereafter by the city for processing a complete application for a grading permit or for design or architectural review if such time exceeds thirty days, from the date a complete application for such permit or review is filed.

E. If the subdivider submits a complete application for a building permit during the periods of time specified in this chapter, the vested rights conferred by this chapter shall continue until the expiration of that permit, or any extension of that permit.

F. Any subdivider holding an unexpired building permit may apply for extension of time within which he must commence work under that permit when he is unable to commence work within the time required by this chapter for good and satisfactory reasons. The building official may extend the time for beginning construction by the subdivider for a period not to exceed one hundred eighty days upon written request by the subdivider showing that circumstances beyond his control have prevented action from being taken.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (G))

A. Any time prior to the expiration of the vesting tentative map as described in Section 16.24.080 the subdivider or his designee may apply for an amendment to the vesting tentative map.

B. The review of any proposed amendments shall be conducted pursuant to the provisions of Section 16.08.030.

(Ord. 2043 § 4 (part), 1991: prior code § 9270.25 (H))