Chapter 16.100
VESTING TENTATIVE MAPS

Sections:

16.100.010    Purpose and intent.

16.100.020    Consistency requirements.

16.100.030    Application.

16.100.040    Filing and processing.

16.100.050    Applications inconsistent with City standards.

16.100.060    Expiration.

16.100.070    Vested rights created by approval of vesting tentative map.

16.100.080    Modifications to vesting tentative maps.

16.100.090    Subsequent permits, licenses and other entitlements for use.

16.100.010 Purpose and intent.

The purpose of this chapter is to establish procedures for the implementation of Government Code provisions relating to vesting tentative maps. Except as otherwise specifically provided herein, the provisions of this chapter shall apply to the filing, processing and review of vesting tentative maps as the term is defined in Sections 66424.5 and 66452 of the Government Code and the provisions of this title. 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 the promotion of orderly growth and development. (Ord. 1091 § 5, 1996)

16.100.020 Consistency requirements.

The approval of a vesting tentative map shall be consistent with the Palmdale zoning ordinance, the City of Palmdale general plan, any applicable specific plan, and any other applicable City standards in effect at the time the vesting map application was deemed complete. (Ord. 1091 § 5, 1996)

16.100.030 Application.

This chapter shall be applicable to all vesting subdivisions. Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map for a subdivision, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter. (Ord. 1091 § 5, 1996)

16.100.040 Filing and processing.

A vesting tentative map shall be filed on 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 contain all information, materials, and reports required under PMC 16.40.020 and the information stated below:

(1) Intended size, location and use of all buildings;

(2) Grading plans;

(3) Plan and profile geometrics for proposed roadways;

(4) Locations and design of sanitary sewer, water and storm drain facilities; and

(5) Pursuant to PMC 16.110.020(A), proof that all off-site easements required for the project have been acquired.

The City Engineer may request additional studies necessary to conclude that infrastructure improvements are adequate to serve the proposed subdivision and will be compatible with future development of the surrounding area. If the subdivision is proposed to be phased, then a phasing plan detailing infrastructure improvements to be installed with each phase, together with interim facilities to be utilized, will be required.

(C) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development, including site plan review applications, conditional use permits and variances, have been obtained, or applications for any such required entitlements are filed concurrently with the vesting tentative map. (Ord. 1091 § 5, 1996)

16.100.050 Applications inconsistent with City standards.

Notwithstanding any provisions of this chapter, if a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with City standards in effect at the time the application is deemed complete, 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 approved or conditionally approved vesting map shall, notwithstanding PMC 16.100.070, 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. 1091 § 5, 1996)

16.100.060 Expiration.

The approval or conditional approval of a vesting tentative map shall be subject to the provisions of PMC 16.50.030 and shall lapse in accordance with the provisions set forth in PMC 16.40.120. A vesting tentative map may be extended under the provisions of PMC 16.40.140. The time extension for a vesting map will be reviewed for conformance with the City standards in effect at the time the vesting tentative map application was deemed complete. The Planning Commission may deny a time extension for a vesting map if it finds that:

(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

(B) The denial is required in order to comply with state or federal law. (Ord. 1091 § 5, 1996)

16.100.070 Vested rights created by approval of vesting 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 City standards in effect at the time the vesting tentative map application is deemed to be complete.

(B) Notwithstanding subsection (A) of this section, a permit, approval, or entitlement may be made conditional or denied, even though such action may be contrary to the City standards described in subsection (A) of this section, if any one of the following are determined by the reviewing authority:

(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 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 this title. If the final map is timely approved, such rights shall exist for the following periods of time:

(1) An initial period of one year after the recording of the final map. Where multiple 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 used for processing a complete application for grading permit approval, if such processing exceeds 30 days from the date an application is accepted as complete.

(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) of this section, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof. (Ord. 1091 § 5, 1996)

16.100.080 Modifications to vesting tentative maps.

At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. A public hearing shall be held by the Planning Commission on any amendment involving a modification to the vesting tentative map or development related thereto, following procedures set forth for the modification of tentative maps in PMC 16.40.110(B). Approval of a modification to a vesting tentative map or development related thereto, shall not alter the expiration date of the vesting tentative map. Any modification to a vesting map, proposed by the subdivider, will be evaluated for compliance with those City regulations, standards and policies in effect at the time the request for modification is deemed complete. (Ord. 1091 § 5, 1996)

16.100.090 Subsequent permits, licenses and other entitlements for use.

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 City standards described in this chapter. (Ord. 1091 § 5, 1996)