Sec. 655.110. - Procedures for obtaining Vested Property Affirmation Certificate (VPAC); deviations; annual report; transferability; revocation.

(a) Application procedures for obtaining Vested Property Affirmation Certificate (VPAC). The following procedures shall be followed with respect to applying for a VPAC: (1) An application for a determination of vested rights shall be submitted to the CMMSO of the Planning and Development Department on the form provided. The application for the VPAC shall contain information sufficient to permit a determination by the CMMSO pursuant to the criteria set forth in Section 655.109 . Detailed site maps and a complete legal description of the subject property shall be submitted with the application. Only applications which are fully complete shall be accepted by the CMMSO. (2) The CMMSO shall review the VPAC application for compliance with the criteria set forth in Section 655.109 , and shall prepare a written decision within 30 days after the application has been accepted approving or denying the VPAC application. In the preparation of its decision, the CMMSO may consult with the Office of General Counsel. Other City departments shall provide technical or other information and assistance at the request of the CMMSO. If the application is approved, the CMMSO shall issue the VPAC with the written decision. (b) Deviations not permitted. All development subject to a VPAC shall be consistent with the terms of the original development order or development permit upon which the VPAC is based. Any proposed change from the original development order or development permit, except for a deviation required by governmental action, if determined to be a substantial deviation from such prior development order or development permit by the CMMSO pursuant to the criteria set forth in Section 655.113 , shall cause the proposed change to be subject to all of the goals, objectives and policies of the Comprehensive Plan and the requirements of this Chapter. (c) VPAC annual status report. Each holder of a VPAC whose development is not yet complete shall submit a complete report to the CMMSO on the form provided on each anniversary of the VPAC issuance. The purpose of the report is to provide information required by the CMMSO in order to accurately monitor the progress of all development within the City. The CMMSO shall mail a report form to each holder of a VPAC at least 30 days prior to the anniversary date of the VPAC issuance, with a written request to complete and return the form. Failure to submit the report by the anniversary date of the VPAC issuance anniversary date may result in the revocation of the VPAC by the CMMSO. (d) Transferability. A VPAC is transferrable to a successor owner upon providing written notice to the CMMSO and evidence of conveyance of the land subject to the VPAC. (e) Revocation. A VPAC shall remain valid and in force unless and until it is revoked by the CMMSO. Notwithstanding anything in this Chapter to the contrary, a VPAC may be revoked by the CMMSO upon a showing by the City of a peril to the public health, safety or general welfare of the residents of the City which was unknown at the time of approval or upon sufficient evidence that a development receiving a VPAC is not continuing in good faith. Prior to any revocation of a VPAC, the CMMSO shall provide written notice of an intention to revoke the VPAC to the person(s) issued the VPAC and any person(s) having a title interest of record in the land subject to the VPAC, which notice shall include the basis for the revocation. The notice recipient shall have a period of 45 days from the date of receipt of such notice within which to eliminate the condition which is the basis for the revocation. A notice recipient may receive from the CMMSO one or more extensions of the 45 day time period based upon a showing of good cause. If the notice recipient does not eliminate such condition within such time period, the CMMSO may then revoke the VPAC and provide written notice of revocation to the notice recipient of the VPAC. Where it is alleged there is error in any revocation an appeal may be made pursuant to the provisions of Section 655.114 . (f) Continuing in good faith. For purposes of this Chapter, in making a determination as to whether a development is continuing in good faith, the following criteria shall be considered: (1) A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development subject to VPAC. (2) A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursued on a regular and continuous basis which furthers the progress of the development as permitted subject to the VPAC. (3) The criteria referenced in subsections (f)(1) and (2) of this Section shall not preclude the CMMSO from making a determination that development is continuing in good faith based upon facts and circumstances of a particular development. (Ord. 90-1251-571, § 1; Ord. 92-131-128, § 5; Ord. 2011-536-E, § 1; Ord. 2022-909-E , § 1)