Chapter 16.11
VESTING TENTATIVE MAPS
Sections:
16.11.010 Citation and authority.
16.11.050 Filing and processing.
16.11.080 Vesting on approval of vesting tentative map.
16.11.010 Citation and authority.
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 (referred to in this chapter as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance. (Ord. 181 § 2 (Exh. A), 1985)
16.11.020 Purpose and intent.
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 ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinance shall apply to this chapter.
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 the orderly growth and development. (Ord. 181 § 2 (Exh. A), 1985)
16.11.030 Consistency.
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. 181 § 2 (Exh. A), 1985)
16.11.040 Application.
A. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Poway subdivision ordinance, requires the filing of a tentative map or tentative parcel map for a residential 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 approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 181 § 2 (Exh. A), 1985)
16.11.050 Filing and processing.
A. Except as provided in subsection B of this section, 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 PMC 16.08.050 for a tentative map except at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
B. In addition to the other information required by this chapter to be shown on or provided with a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel map shall show or be accompanied by the following information in a form satisfactory to the Director of Development Services:
1. The height, bulk and location of proposed buildings;
2. The design and specifications for all public facilities including but not limited to on-site and off-site sewer, water, drainage, roads and other improvements. The subdivider shall submit detailed geological drainage, flood control, soils, traffic or other reports deemed necessary by the Director of Public Services or Director of Development Services to permit a complete review of the design and improvements for the subdivision;
3. Detailed final grading plans showing existing and proposed finished grades at two-foot intervals;
4. Information on the uses to which the buildings will be put and architectural renderings of the buildings;
5. Detailed landscaping plans;
6. A scale model showing proposed finished grades, all public and private improvements and buildings to be constructed. (Ord. 518, 1999; Ord. 181 § 2 (Exh. A), 1985)
16.11.060 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by the City Council as adopted by resolution for the filing and processing of a tentative map. (Ord. 181 § 2 (Exh. A), 1985)
16.11.070 Expiration.
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. 181 § 2 (Exh. A), 1985)
16.11.080 Vesting on approval of vesting tentative map.
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 described in Government Code Section 66474.2.
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 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.
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 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 this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in PMC 16.11.070. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year. 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) 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 30 days, from the date a complete application is filed.
3. A subdivider may apply for a one-year extension before the initial time period set forth in subsection (C)(1) of this section expires in accordance with PMC 16.10.080. The decision of the City Council is final.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1), (2) and (3) of this section, the rights referred to in this section shall continue until the expiration of that permit, or any extension of that permit.
D. Notwithstanding subsection A of this section, the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The fee amount shall be established by City Council resolution from time to time. The amounts of the fees are not vested upon approval of the vesting tentative map or tentative parcel map. (Ord. 683 § 61, 2008; Ord. 181 § 2 (Exhibit A), 1985)