San Fernando Municipal Code Div. 4 Vesting Tentative Maps

It is the purpose of this division to establish procedures necessary for the implementation of Government Code § 66498.1 et seq.

(Code 1957, § 24.42)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan of the city or not permitted by the zoning ordinance in chapter 106 or other applicable sections of this Code.

(Code 1957, § 24.43)

(a) The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Vesting tentative map means a tentative map for a residential subdivision, as defined in Government Code § 66424.5(a), that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with section 78-140, and is thereafter processed in accordance with the provisions thereof.

(b) All other definitions set forth in this chapter are applicable to this division.

(Code 1957, § 24.44)

Cross reference— Definitions generally, § 1-2.

(a) This division shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, Government Code § 66410 et seq., as implemented and supplemented by this chapter, requires the filing of a tentative map or a tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with this division.

(b) If a subdivider does not seek the rights conferred by this division, 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.

(Code 1957, § 24.45)

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 that it shall have printed conspicuously on its face the words "vesting tentative map."

(Code 1957, § 24.46)

The vesting tentative map application shall include the following information: elevations of all buildings and structures including location, size, height, walls, fences and landscaping, off-street parking, lighting, landscaping, drainage and grading plan, utility locations, and any other information which the planning commission feels is necessary for reviewing the application.

(Code 1957, § 24.47)

The advisory agency shall not accept any vesting tentative map for filing unless it is accompanied by a fee, to be set pursuant to the formula set forth in section 78-4.

(Code 1957, § 24.48)

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

(Code 1957, § 24.49)

(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 Government Code § 66474.2. If Government Code § 66474.2 is repealed, 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 in effect at the time the vesting tentative map is approved or conditionally approved.

(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 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 78-143. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this 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 expended for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (c)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days of receipt of such denial.

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

(Code 1957, § 24.50)

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in chapter 106 of this Code, 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 the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection 78-144(a), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

(b) The rights conferred by this section shall be for the time period set forth in subsection 78-144(c).

(Code 1957, § 24.51)

Notwithstanding any section of this division, a property owner or the property owner's designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in section 78-143 and subsection 78-144(a), and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Code 1957, § 24.52)