La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
62 VESTING TENTATIVE MAP
§ 11.62.010 Authority.
This chapter is enacted pursuant to the provisions of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code, State of California ("Vesting Tentative Map Statute").
(Ord. 125 § 1, 1985)
§ 11.62.020 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 Map Act (Government Code Section 66410 et seq.) and the city's subdivision ordinance (Los Angeles County Ordinance No. 4478).
The regulations set forth 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. 125 § 1, 1985)
§ 11.62.030 Scope.
A.
This chapter shall apply only to residential developments. Whenever a provisions of the subdivision ordinance requires the filing of a tentative map or tentative minor land division 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 prepatory to construction.
(Ord. 125 § 1, 1985)
§ 11.62.040 Filing and processing.
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 provided below. At the time a vesting tentative map is filed, a subdivider shall also supply the following information:
A.
Architectural plans setting forth the exterior design, materials to be used, elevation and size of the buildings;
B.
Location of buildings;
C.
Landscape and irrigation plans indicating all plant materials, automatic irrigation systems, lighting, walls and fences;
D.
Soils engineering report regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures when necessary, and opinion and recommendations covering adequacy of the sites to be developed by the proposed grading. The report shall also discuss expansion of the soils and the recommended measures for foundations and slabs on grade to resist volumatic changes in soil. If a public sewer system will not be used, a detailed engineering data and test report including a percolation test setting forth soil porosity and ground water level, and recommending procedures and design criteria for private sewage disposal shall also be provided;
E.
Engineering geology report setting forth an adequate description of the geology of the site. The report shall include conclusions and recommendations regarding the effect of geologic conditions of the proposed development, and opinions and recommendations covering the adequacy of the site to be developed by the proposed grading;
F.
Hydrology study and drainage plan to provide drainage facilities to carry runoff of stormwaters in the proposed development and contributory drainage from adjoining properties;
G.
Water plan;
H.
Sewer plan setting forth the sewage disposal system;
I.
A final grading plan setting forth the nature and extent of the work proposed.
(Ord. 125 § 1, 1985)
§ 11.62.050 Concurrent review.
Concurrent with the filing of a vesting tentative map, the subdivider shall file all diagrams, data and reports necessary for architectural or design review, a conditional use permit, or a specific plan if required for the proposed development by any other law. Architectural or design review, conditional use permit approval or specific plan approval shall be processed concurrently with a vesting tentative map.
(Ord. 125 § 1, 1985)
§ 11.62.060 Fees.
Upon filing a vesting tentative map, the subdivider shall deposit an amount sufficient to cover all costs incurred by the city for the filing and processing of a vesting tentative map. Deposit and payment shall be made as set forth in La Cañada Flintridge Ordinance No. 87.
(Ord. 125 § 1, 1985)
§ 11.62.070 Expiration.
The approval or conditional approval of a vesting tentative map shall expire 24 months from the date of the commission action. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved vesting tentative map, the time at which the map expires may be extended by the planning commission for a period or periods not exceeding a total of three years. The maximum extension granted by the planning commission for each application shall be 12 months. If the planning commission denies a subdivider's application for extension, the subdivider may appeal to the city council within 15 days after the planning commission's decision.
(Ord. 125 § 1, 1985)
§ 11.62.080 Vesting on approval of vesting tentative map.
A.
The approval or conditional approval of a vesting tentative map shall confer a vested right in the subdivider, or his or her assignees, to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. However, if Government Code Section 66474.2 is repealed, the approval 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:
C.
The vested 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 Section 11.62.070. If the final map is approved, the vested rights conferred by this chapter shall be subject to 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 if such processing exceed 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 subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.
4.
If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) through (3) of this subsection, the vested rights conferred by this chapter shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 125 § 1, 1985)
§ 11.62.090 Applications inconsistent with ordinances, policies and standards.
Notwithstanding any provision of this chapter, a subdivider or his or her assignee, may seek approvals or permits for developments which depart from the ordinances, policies and standards described in Section 11.13.090(A) and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. 125 § 1, 1985)