The ordinance codified in 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 of the state of California
(hereinafter referred to as the vesting tentative map statute), and
may be cited as the "vesting tentative map ordinance."
(Ord. 88-O-117 § 1, 1988)
It is the purpose of this chapter to establish procedures necessary
for the implementation of the vesting tentative map statute, and to
supplement the provisions of the Subdivision Map Act and the subdivision
ordinance. Except as otherwise set forth in the provisions of this
chapter, the provisions of the subdivision ordinance shall apply to
the vesting tentative map ordinance. To accomplish this purpose, the
regulations outlined in this chapter 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.
(Ord. 88-O-117 § 1, 1988)
No land shall be subdivided and developed pursuant to a vesting
tentative map for any purpose which is inconsistent with the general
plan and any applicable specific plan or not permitted by the zoning
ordinance or other applicable provisions of the municipal code.
(Ord. 88-O-117 § 1, 1988)
All definitions set forth in the Placentia Municipal Code are
applicable.
(Ord. 88-O-117 § 1, 1988)
(a)
This chapter shall apply to all developments. Whenever a provision
of the Subdivision Map Act, as implemented and supplemented by the
Placentia subdivision ordinance, requires the filing of a tentative
map for a development, 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 appeal for any proposed subdivision,
permit for construction, or work preparatory to construction.
(Ord. 88-O-117 § 1, 1988)
A vesting tentative map shall be filed in 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 Placentia subdivision
ordinance for a tentative map, except as hereinafter provided:
(1)
At the time a vesting tentative map is filed, it shall have printed
conspicuously on its face the words "Vesting Tentative Map."
(2)
Simultaneous with, or prior to, the time a vesting tentative map
is filed, a subdivider shall supply completed applications for all
discretionary use entitlements necessary for the project, including,
but not limited to, use permits, site development approval, specific
plan, zone changes, amendments to the zoning ordinance, etc., together
with all complete information necessary to process, as applicable,
a negative declaration or draft environmental impact report pursuant
to the terms of the California Environmental Quality Act.
(Ord. 88-O-117 § 1, 1988)
Upon filing a vesting tentative map, the subdivider shall pay
the fees established by city council resolution for the filing and
processing of a tentative map.
(Ord. 88-O-117 § 1, 1988; Ord. O-2007-07 § 31, 2007)
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 the subdivision ordinance
for the expiration of the approval or conditional approval of a tentative
map.
(Ord. 88-O-117 § 1, 1988)
(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 in effect at the time
of the approval. Routine changes in fees, charges and assessments
for processing, filing, inspection and other development costs shall
be excluded from such vesting, and all such fees and charges which
are in effect at the time of the filing of final map or issuance of
building permits shall apply.
(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:
(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 22.74.080. If the final map is approved, these rights shall last for the following periods of time:
(1)
An initial time period of 12 months. 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 subdivision (1) of this subsection
(c) shall be automatically extended by any time used 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 subdivision (1) of this subsection
(c) expires.
(4)
If the subdivider submits a complete application for a building permit
during the periods of time specified in subsections (a) through (c)
of this section, the rights referred to herein shall continue until
the expiration of that permit, or any extension of that permit.
(Ord. 88-O-117 § 1, 1988)
(a)
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance 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 his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the map shall, notwithstanding subsection (a) of Section 22.74.090, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
(Ord. 88-O-117 § 1, 1988)
Notwithstanding any provision of the chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standard described in subsection (a) of Section 22.74.090 and Section 22.74.100, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. 88-O-117 § 1, 1988)
