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)