Chapter 16.10
VESTING TENTATIVE MAPS

Sections:

16.10.010    Purpose.

16.10.020    Definition of vesting tentative map.

16.10.030    Applicability.

16.10.040    Conformance with existing city plans and development criteria.

16.10.050    Processing.

16.10.060    Application materials.

16.10.070    Development rights.

16.10.080    Amendments to vesting tentative map.

16.10.090    Terms of a vesting tentative map.

16.10.010 Purpose.

The purpose of this chapter is to establish procedures for the review and approval and administration of vesting tentative maps. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.10.020 Definition of vesting tentative map.

A tentative map for a subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with the subdivision ordinance and which, if approved or conditionally approved by the city council, confers a vested right to proceed with development in substantial compliance with ordinances, policies and standards in effect at the time an application for said map is accepted by the city as complete and Section 66498.1 et seq. of the Subdivision Map Act. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.10.030 Applicability.

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provision of this chapter. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.10.040 Conformance with existing city plans and development criteria.

A.    No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with provisions of the general plan, any specific plan, the zoning ordinance, the local coastal program, or any applicable provisions of this code.

B.    The subdivider must make application and receive approval concurrent with the vesting tentative map for all zoning approvals, including, but not limited to, site and architectural design review approvals, conditional use permits, coastal development permits, zoning variances, and grading and drainage plans, which are necessary for ultimate development on the area covered by the vesting tentative map. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.10.050 Processing.

A vesting tentative map shall be filed in the same form and have the same content, accompanying data and reports, and shall be processed in the same manner described for tentative maps in Chapter 16.08 except as described in this chapter. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.10.060 Application materials.

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” Application for a vesting tentative map shall be made to the community development department on forms provided by the community development department, accompanied by the required filing fee. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.10.070 Development rights.

A.    The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with the ordinances, policies, and standards described in Section 66474.2 of the 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 compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. In all cases, such right shall only accrue if all other necessary approvals (see Section 16.10.040) are in place and effective, including that they have not expired.

B.    The above notwithstanding, a permit, approval, extension, or entitlement can be made conditionally or may be denied if any of the following are determined:

1.    Failure to do so would place the residents of the subdivision or the immediate community in a condition or state dangerous to their health or safety; or

2.    The condition(s) or denial is required in order to comply with state or federal law.

C.    The provision of this section shall not:

1.    Limit the city from imposing reasonable conditions on subsequently required approvals or permits necessary for the development so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision; or

2.    Diminish or alter the city’s power to protect against a condition dangerous to the public health or safety. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.10.080 Amendments to vesting tentative map.

A.    After approval or conditional approval of a vesting tentative map, amendments can be made only by following procedures for the original approval or conditional approval. Approvals or permits which depart from the vesting tentative map can only be granted based upon an amendment to the vesting tentative map.

B.    No amendments shall be granted so as to modify or delete any public improvements and site development requirements and conditions approved in the first instance by the city council, including, but not limited to, grading, drainage facilities and structures. This section shall not be construed to prevent the city from denying or placing any conditions upon approval of a final map pursuant to Government Code Section 66498.1(c). (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.10.090 Terms of a vesting tentative map.

A.    The approval or conditional approval of a vesting tentative map by the city council shall expire twenty-four months after such approval. Prior to the expiration date, upon written request by the applicant, the city council may extend the vesting tentative map expiration date by a period of time that would not extend the total life of the vesting tentative map to exceed three years, and provided all other necessary approvals (see Section 16.10.040) are also similarly extended subject to all applicable processes thereto.

B.    If a final map is recorded prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final map area shall last for the periods listed below so long as all other necessary approvals (see Section 16.10.040) are also in place and effective through such periods listed.

1.    The rights conferred by a vesting tentative map shall last for a time period of one year beyond the recordation of the final map. 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 herein 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 days, from the date a complete application is filed.

3.    A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth herein expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days.

4.    If the subdivider submits a complete application for a building permit during the periods of time specified herein, the rights referred to herein shall continue until the expiration of that permit. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)