Article 7 — Vesting Tentative Maps

This article is enacted pursuant to the authority granted by Chapter 4.5 of the Subdivision Map Act (referred to in this article as the Vesting Tentative Map Statute) and may be cited as the "Pacifica Vesting Tentative Map Law." The purpose of this article is to establish appropriate local procedures for the implementation of the Vesting Tentative Map Statute.

To accomplish this purpose, the regulations set forth in this article are determined to be necessary for the preservation of the public health, safety, and general welfare and for the promotion of orderly growth and development.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Sec. 10-1.702. - (Not used).

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan, Local Coastal Program, and any applicable Specific Plan of the City or not permitted by the zoning provisions or other applicable provisions of this Code.

(§ 7, Ord. 456-85, eff. December 25, 1985)

For the purposes of this article:

(a)

"Vesting tentative map" shall mean a tentative map for a residential subdivision, as defined in this chapter, which map shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 10-1.706 of this article and is thereafter processed in accordance with the provisions of this article. For the purposes of this article, "vesting tentative map" shall include vesting tentative maps prepared in connection with a parcel map.

(b)

All other definitions set forth in this chapter shall be applicable.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed. A vesting tentative map shall be filed and processed in the same manner as a tentative map, except where otherwise provided by this article.

(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.

(§ 7, Ord. 456-85, eff. December 25, 1985)

A vesting tentative map shall be filed in the same form, and shall have the same contents, accompanying data, and reports, and shall be processed in the same manner as set forth in this chapter for a tentative map, except as follows:

(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, a subdivider shall also submit concurrently a complete application for all other discretionary project approvals for the proposed development required by this Code which shall be processed concurrently with the map review.

(c)

If no other discretionary approvals are required, the subdivider, at the time a vested tentative map is filed, shall also supply the following information:

(1)

The building lines, including the height, size, and location, of buildings;

(2)

Conceptual design plans and elevations; and

(3)

Detailed grading plans.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Upon filing a vesting tentative map, the City may charge subdividers a fee in an amount sufficient to recover the direct cost associated with establishing and adopting this article.

(b)

The amount of all fees required by this chapter for the development may be determined at the time an application for the building permit is made.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period established by this chapter for the expiration of the approval or conditional approval of a tentative map.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

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 Section 66474.2 of the Subdivision Map Act. However, if said Section 66474.2 is repealed, such approval 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.

(b)

Notwithstanding the provisions of subsection (a) of this section, a permit, approval, extension, or entitlement may be conditioned or denied if any of the following is 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; or

(2)

The condition or denial is required in order to comply with State or Federal laws.

(c)

The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 10-1.708 of this article. If the final map is approved, such 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, such one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of such final maps or parcel maps shall be recorded within the time period set forth in said Section 10-1.708, or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded;

(2)

The one-year initial period set forth in subsection (1) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for any required design or architectural review if such processing exceeds thirty (30) days from the date a complete application is filed;

(3)

A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period set forth in subsection (1) of this subsection expires. If the extension is denied, the subdivider may appeal such denial to the Council within fifteen (15) days; and

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (1), (2), or (3) of this subsection, the rights referred to in this section shall continue until the expiration of such permit or any extension of such permit.

(§ 7, Ord. 456-85, eff. December 25, 1985)

At any time prior to the expiration of the vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map. Amendments shall be processed according to the procedure for the correction and amendment of maps set forth in this chapter. Amendments which, in the opinion of the Planning Administrator or City Engineer, are not minor or may affect property rights may only be permitted upon the formal application and approval of an amendment to the original vesting tentative map pursuant to the procedures for tentative map approval set forth in Article 4 of this chapter. Amendments shall not extend the time period of the vesting rights established by Section 10-1.709 of this article.

(§ 7, Ord. 456-85. eff. December 25, 1985)

(a)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at such time, such 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 or her designee, obtaining the necessary change in the zoning provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the approved or conditionally approved vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the change in the zoning provisions and the map as approved.

(b)

The rights conferred by this section shall be for the time periods set forth in Section 10-1.709 of this article.

(§ 7, Ord. 456-85, eff. December 25, 1985)