Chapter 21.64 — VESTING TENTATIVE MAPS

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City of West Hollywood, CA § 20.04.050

WEST HOLLYWOOD CODE

§ 20.04.050

The purpose of this chapter is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the provisions of this title shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code and Section 21.64.030 of this chapter.

The approval of a vesting tentative map shall be consistent with the West Hollywood General Plan, any applicable specific plan, the West Hollywood Zoning Ordinance, and any other applicable provision of this code in effect at the time provided by Section 21.64.090A of this chapter.

As used in this chapter:

A "vesting tentative map" shall mean a tentative map for a subdivision, as defined in this title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 21.64.040 of this chapter, and is thereafter processed in accordance with the provisions of this chapter and the Subdivision Map Act.

• A. Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map or tentative parcel map for a subdivision, 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 Chapter4.5 of Division 2 of Title 7 of the Government Code and this chapter, 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.

A vesting tentative map shall be filed in the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this title for a tentative map 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. The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including, but not limited to, the height, size, and location of all buildings and other improvements.

• C. A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development have been obtained or applications therefor are filed concurrently with such map.

• D. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the West Hollywood Zoning Ordinance in existence at the time of filing, such inconsistency shall be noted on the map.

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City of West Hollywood, CA § 20.04.050

SUBDIVISION REGULATIONS

§ 20.04.050

Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.

A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development have been obtained.

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 title for the expiration of the approval or conditional approval of a tentative map.

• A. Subject to the time limits established by subsection C of this section, 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 Section 66474.2. If Section 66474.2 of the Government Code is repealed, however, 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 subject to the time limits established by subsection C of this section.

• B. Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement may be made conditional or denied even though such action may be contrary to the ordinances, policies, and standards described in subsection A if any of the following are determined:

  1. A failure to do so would place any 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 subsection A of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 21.64.080 of this chapter. If the final map is timely approved, such rights shall exist for the following periods of time:

  1. An initial time period of one year after 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) above shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is filed.

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City of West Hollywood, CA § 20.04.050

WEST HOLLYWOOD CODE

§ 20.04.055

3. The subdivider may apply to the Planning Commission for a one year extension at any time before 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 within 15 days thereafter.

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

Any time prior to the expiration of a vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to such map. A public hearing shall be held by the Advisory Agency on any amendment involving a substantial modification to the subject subdivision or development related thereto. The Advisory Agency may approve, conditionally approve or disapprove the proposed amendment. The decision by the Advisory Agency on the requested amendment shall be appealable to the City Council in the manner provided by Chapter 21.56 of this title.

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 21.64.090A, and the City may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law.

The provisions of this chapter shall not be construed to prevent the City from conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in Section 21.64.090A of this chapter.

(Prior code § 10102; Ord. 85-21 § 9202, 1985; Ord. 85-94 § 1, 1985; Ord. 89-223, 1989)

As further described in Sections 19.90.020 and 19.36.100, airspace subdivisions differ from common interest developments in that the owners are not required to share interest in a common area within the map boundaries. Instead, legal agreements recorded with the subdivision define how the lots, common spaces, ingress, egress, parking, uses and easements will function once individual components are sold.

• a. Property Improvement Standards for Airspace Subdivisions. All tentative maps creating airspace lots, as defined by Section 19.90.020 shall be required to record a deed restriction which ensures the following:

1. Editor's Note: The amendments to the Urban Lot Splits are included as an attachment to this title

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City of West Hollywood, CA

SUBDIVISION REGULATIONS

§ 20.04.055

§ 20.04.060

1. Airspace lots shall have access to appropriate public rights-of-way, common spaces, ingress, egress, parking and other areas available for common use by means of CC&Rs, management documents, one or more easements, or other entitlements to use, in a form satisfactory to the City Attorney, Public Works Director, and Building Official.

2. Inclusionary housing requirements, Building Code requirements, all other applicable property development standards required by the Zoning Ordinance, and any other technical code requirements affecting the development of the property, shall be determined for the airspace lots as if all lots in the airspace subdivision were merged into the same lot.

3. Individual buildings that are subdivided by an airspace map shall be reviewed as a single building for purposes of applying the Building Code, Zoning Code, and General Plan policies. Property development standards including, but not limited to, density, lot coverage, floor area ratio, parking, height, and setbacks shall be calculated as if the subdivided building were one building within one lot.

• b. In addition to the application submittal requirements for tentative maps, the tentative map shall provide cross-sectional drawings showing how the proposed building or buildings are to be divided into ownership boundaries.

• (Ord. 12-897 § 11, 2012)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction is punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. (Prior code § 10101; Ord. 85-21 § 9201, 1985; Ord. 86-98 § 1, 1986)

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City of West Hollywood, CA