CC Resolution 1986-004^ 3/ RESOLUTION NO. 86-4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ESTABLISHING REGULATIONS
FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL
SUBDIVISIONS.
WHEREAS, State of California Government Code Section 66498.8
requires that on or before January 1, 1986, every city shall adopt
ordinances or resolutions necessary to implement rules and regulations
for the processing of Vesting Tentative Maps for residential subdivisions.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, that the following rules, regulations, and policies
shall hereafter apply to the processing of Vesting Tentative Maps for
residential subdivisions, and shall remain in effect until replaced or
superseded by an ordinance or further resolution therefor.
ARTICLE I. GENERAL PROVISIONS
Section 1-1: Citation and Authority
This resolution 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
* hereinafter referred to as the Vesting Map Statute), and may
be cited as the Vesting Tentative Map resolution.
Section 1-2: Purpose and Intent
It is the intent of this resolution to establish procedures
necessary to implement the Vesting Map Statute, and to supple-
ment the provisions of the State Subdivision Map Act and the
City Land Division Ordinance. Except as otherwise provided
herein, the provisions of the Land Division Ordinance shall
apply to the Vesting Tentative Map resolution.
Section 1-3: Consistency
No land shall be subdivided and developed pursuant to a vesting
tentative map for any purpose which is inconsistent with the
General Plan, any Element thereof or applicable specific plan,
or not permitted by the Zoning Ordinance or other applicable
provisions of the Municipal Code.
Section 1-4: Definitions
a) A vesting tentative map shall mean a tentative map for a
residential subdivision, as defined in the Land Division
Ordinance, that shall have printed conspicuously on its
face the words Vesting Tentative Map", at the time it is
filed in accordance with Section 2-1 hereof, and is there-
after processed in accordance with the provisions hereof.
b) All other definitions set forth in the Land Division
Ordinance and in the Zoning Ordinance are applicable.
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Section 1-5: Application
a) The provisions of this resolution shall apply only to
residential developments. Whenever a provision of the
State Subdivision Map Act, as implemented and supple-
mented by the Land Division Ordinance, requires the
filing of a tentative map or tentative parcel map for
a residential development, a vesting tentative map may
instead be filed1 in accordance with the provisions
hereof.
b) If a subdivider or developer does not seek the rights
conferred by the Vesting Tentative Map Statute, the
filing of a vesting tentative map shall not be a pre-
requisite to any approval for any proposed subdivision,
permit for construction, or work preparatory to construction.
ARTICLE II. PROCEDURES
Section 2-1: Film and Processing
A vesting tentative map shall be filed in the same form and
have the same content, accompanying date, and reports and
shall be processed in the same manner as set forth in the
Land Division Ordinance 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) Vesting tentative maps shall be reviewed by the City
Planning Commission, which shall report its recommendations
for approval, conditional approval, or denial of the vesting
tentative map to the City Council, in the same manner as for
a tentative subdivision map of more than four parcels.
c) All vesting tentative maps shall be subject to architectural
and site plan review as prescribed in the Zoning and Land
Division Ordinances.
d) At the time a vesting tentative map is filed, a subdivider
shall submit all of the information and reports as required
by Section 5.2 and 5.3 of the Land Division Ordinance, and
the following:
i. A layout of the proposed method of sewage disposal;
ii. A layout of the proposed domestic water supply and
fire protection systems;
iii. Geotechnical reports for the subdivision area;
iv. Details on the height, size, and location of proposed
buildings;
v. Preliminary grading and landscaping plans;
vi. Architectural elevations, schematic plans, and
materials board, for the proposed development; and
vii. A phasing plan and schedule for the development.
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Section 2-2: Fees
Upon filing a vesting tentative nap, the subdivider shall pay
the same fees for the filing and processing of the vesting
tentative map as required for the same subdivision if it did
not seek the vesting right.
Section 2-3: Expiration
The approval or conditional approval of a vesting tentative
map by the City Council shall expire twenty-four 24) months
after such approval. Prior to the expiration date, upon written
request therefor, the vesting tentative map expiration date may
be extended by the City Council for a period or periods not
exceeding a total of three 3) years.
ARTICLE III. DEVELOPMENT RIGHTS
Section 3-1: 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
of the property within such map in substantial compliance
with the ordinances, policies, and standards described in
Section 66474.2 of the State Government Code. 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 subdivision a) above, a permit, approval,
extension, or entitlement may be made conditional or may
be denied if any of the following are determined:
i. A failure to do so would place the residents of
the subdivision or the immediate community, or both,
in a condition or state dangerous to their health or
safety, or both.
ii. The condition, conditions, or denial is required in
order to comply with federal or state law.
c) The 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 2-3 herein. If the
final map is approved, these rights shall last for the
following periods:
1. An initial time period of eighteen 18) months
from the date of final map recording. where
several final maps are recorded on a project
covered by a single vesting tentative map, this
initial eighteen-month time period shall apply
only to the unit or phase covered by the recorded
map, and shall begin for that unit or phase when
that final map is recorded.
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ii. The initial time period set forth above in
paragraph a) i), 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 30) days from the
date a complete application is filed, provided
however, that such extension shall only be for
the number of days in excess of thirty days,
and provided further that such extensions shall
not be cumulative.
iii. A subdivider may apply in writing to the City
Council for a one-year extension at any time before
the initial time period set forth in paragraph c) i)
above, expires.
iv. If the subdivider submits a complete application for
a building permit during the periods of time specified
in paragraph i) through iii) above, and all other
conditions of the vesting tentative map precedent to
obtaining a building permit have been met, then the
rights referred to herein shall continue until the
extension of that permit, or any extension of that
permit.
APPROVED and ADOPTED this 7th day of January 1986, by the
following vote:
AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena.
NOES: None.
ABSENT: None.
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
*
CITY MANAGER
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