Chapter 16.20
VESTING TENTATIVE MAPS

Sections:

16.20.010    Applicable provisions.

16.20.020    Requirements.

16.20.030    Additional submittals.

16.20.040    Development rights conferred.

16.20.050    Amendment.

16.20.060    Expiration.

16.20.070    Fees.

16.20.010 Applicable provisions.

Any person requesting approval of a vesting tentative map pursuant to the provisions of the Subdivision Map Act shall comply with and be subject to the applicable provisions of the Subdivision Map Act and this title as it specifically applies to tentative maps and shall also comply with and be subject to the additional provisions of this chapter. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.” (Ord. 700 § 2 (Exh. 1), 2012; Ord. 421 § 1, 1986)

16.20.020 Requirements.

A vesting tentative map shall not be approved unless it is consistent with the general plan, applicable specific plans, zoning restrictions, all findings listed in PVEMC 16.08.090, and any other applicable provision of this code in effect at the time a complete application is submitted to the city. A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development have been obtained, or applications therefor are filed concurrently with such map. (Ord. 700 § 2 (Exh. 1), 2012)

16.20.030 Additional submittals.

In addition to the submittal of information and material required by Chapter 16.08 PVEMC, the following submittals are also required prior to approval of a vesting tentative map:

A. Plans prepared by a registered civil engineer for all public works improvements to be constructed as a condition of the subdivision in accordance with city standards, subject to the approval of the city engineer;

B. Plans prepared by a registered civil engineer for all site development including but not limited to grading, drainage facilities and structures in accordance with city standards, subject to the approval of the city engineer. Plans for all structures are subject to the approval of the building official. Such plans shall be supported by geologic and/or soils engineer’s reports as required by this code;

C. Plans for all irrigation and landscaping subject to the approval of the planning director;

D. Plot plan showing details of the entire development and all improvements to be constructed in the subdivision. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 5, 2006; Ord. 421 § 1, 1986)

16.20.040 Development rights conferred.

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 Cal. Gov. Code § 66474.2.

B. Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement shall be made conditionally or denied, even though such action may be contrary to the ordinances, policies and standards described in subsection A of this section, if any of the following are determined by the city engineer or planning director:

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

2. The condition or denial is required to comply with state or federal law.

C. An approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Cal. Gov. Code § 66474.2.

D. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or the subdivider’s designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection A of this section, confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and map, as approved. The rights conferred by this subsection shall be for the time periods set forth in PVEMC 16.20.060. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 421 § 1, 1986)

16.20.050 Amendment.

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 may only be granted based upon an amendment to the vesting tentative map. 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 planning commission, or 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 Cal. Gov. Code § 66498.1(c). (Ord. 700 § 2 (Exh. 1), 2012; Ord. 421 § 1, 1986)

16.20.060 Expiration.

A. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period established by this title for the expiration of the approval or conditional approval of a tentative map, including opportunities for extensions.

B. The rights conferred by a vesting tentative map shall last for an initial 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.

C. The initial time period for the vesting of rights set forth in subsection B of this section shall be automatically extended by any time used for processing a complete application for a grading period or for design or architectural review, if such processing exceeds thirty days from the date a complete application is filed.

D. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection B of this section expires. The application shall be considered by the planning commission. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days of the planning commission’s determination.

E. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections B through D of this section, the rights referred to in this chapter shall continue until the expiration of that permit, or any extension of that permit. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 6, 2006; Ord. 421 § 1, 1986)

16.20.070 Fees.

The applicable fees associated with a vesting tentative map shall be paid at the rate established from time to time by resolution of the city council to reimburse the city for the filing and processing of a vesting tentative map application. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 421 § 1, 1986)