This chapter is enacted pursuant to the authority granted by Chapter 43 (commencing with Section 66498.1) of the California Government Code (herein referred to as the Vesting Tentative Map Statute) and may be cited as the "vesting tentative map ordinance."
(Prior code § 27-42.20)
It is the purpose and intent of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute. Except as otherwise set forth in the provisions of this chapter, the provisions of this division shall apply to the vesting tentative map ordinance.
(Prior code § 27-42.21)
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 or community plan, and which is not permitted by the zoning ordinance or other applicable provisions of the Buena Park City Code.
(Prior code § 27-42.24)
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 subdivision ordinance for a tentative map except as herein 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. 
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, amendments to the general plan or any applicable 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.
C. 
A subdivider may submit a complete application for a building permit at the time of filing as provided in this section; however, under no circumstances shall such permit, if issued, grant vesting rights as specified in this chapter.
(Prior code § 27-42.25)
Upon filing a vesting tentative map, the subdivider shall pay the fees required by resolution of the city council for the filing and processing of a tentative map.
(Prior code § 27-42.26)
The approval or conditional approval of a vesting tentative map shall expire two years from the date of its adoption by resolution. Extensions of a vesting tentative map shall be subject to those procedures in the subdivision ordinance applicable to the extension of tentative maps.
(Prior code § 27-42.27)
A. 
1. 
The approval or conditional approval of a vesting tentative map shall confer a vested right to process a final map and proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2.
2. 
However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to process a final map and proceed with development in substantial compliance with the land use 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 a subdivision or the immediate community, or both, in a condition dangerous too 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 accrue only it and at the time, a final map is approved for the project. Such rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 18.36.060.
D. 
If the final map is approved, these rights shall remain vested for the following periods of time:
1. 
An initial time period of twelve 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 subsection(D)(1) of this section 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 thirty days, from the date a complete application is filed;
3. 
A subdivider may apply to the city council for a one year extension at any time before the initial time period set forth in subdivision 1 of this subsection or the permit expires.
4. 
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections(D)(1) through (D)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(Prior code § 27-42.28; Amended during 1990 codification)