Chapter 82.48


82.48.010    Purpose.

82.48.020    Filing and processing.

82.48.030    Additional requirements.

82.48.040    Discretionary approvals required.

82.48.050    Disapproval of proposed vesting map.

82.48.060    Rights conferred.

82.48.010 Purpose.

This chapter is enacted pursuant to the provisions of Section 66498.8 of the Act which requires the City to adopt procedures for processing vesting tentative maps and vesting tentative parcel maps (referred to in this chapter as “vesting maps”) under the Vesting Tentative Map Statute set forth in Section 66498.1 et seq. of the Act. (Ord. 1644)

82.48.020 Filing and processing.

A. Whenever this title requires the filing of a tentative map or a tentative parcel map for a residential development, a subdivider may file a proposed, vesting map subject to the provisions of this chapter.

B. Except as provided in this chapter, the proposed vesting map shall be filed and processed in the same manner and subject to the same requirements as a tentative map or tentative parcel map.

C. The proposed vesting map shall have conspicuously printed on its face either “Vesting Tentative Map” or “Vesting Tentative Parcel Map.”

D. The subdivider shall pay an additional fee in an amount established by City Council resolution for processing the proposed vesting map.

82.48.030 Additional requirements.

To be deemed a complete application, the application for a vesting map must be accompanied with the following information in a form satisfactory to the City:

A. The height, size and location of structures proposed for the property to be subdivided with sufficient plans and specifications to constitute a complete application for a building permit.

B. General architectural renderings.

C. Detailed landscaping plans.

D. Detailed final grading plans showing existing and proposed finished grades at one-foot intervals.

E. The design and specifications for all public facilities and improvements, both on-site and off-site.

F. Detailed geological, drainage, flood control, soils, traffic and other reports deemed necessary by the City to permit a complete review of the design of improvements proposed for the subdivision.

G. A detailed description of the uses to which the real property and structures will be put.

H. A report demonstrating that all public facilities necessary to serve the subdivision or mitigate any impact created by the subdivision will be available for the entire time that the approved vesting map is valid plus any time during which the rights conferred by this chapter exist.

I. A complete record of all required discretionary approvals obtained as per CMC 82.48.040.

82.48.040 Discretionary approvals required.

The application for a vesting map shall not be deemed complete until all applicable discretionary approvals necessary to construct the project are obtained to include, without limitation, the following:

A. Design Review Commission permit for landscaping and building plans.

B. Zone variance for purposes of constructing the building on the site.

C. Zone variance for purposes of creating the lots as proposed.

D. General Plan amendment.

E. Zone boundary change.

F. Local coastal program amendment.

G. Coastal permit.

H. Special use permit.

I. Zoning interpretation.

J. Zoning determination of use.

K. Zoning determination of development standards.

82.48.050 Disapproval of proposed vesting map.

A proposed map shall be disapproved if:

A. Either the proposed subdivision or the proposed development are inconsistent with the General Plan, a specific plan or a zoning ordinance of the City.

B. The development of the proposed project has not already received all required discretionary approvals to construct the project.

C. The City Council finds that all public facilities necessary to serve the subdivision or mitigate any impact created by the subdivision will not be available for the entire time that the approved vesting map is valid plus any time during which the rights conferred by this chapter exist.

82.48.060 Rights conferred.

A. Approval or conditional approval of a vesting map shall confer a right to proceed with development in accordance with Section 66498.1 of the Act.

B. Notwithstanding subsection A of this section, the City may condition or deny a subsequent permit, approval, extension or entitlement in accordance with Section 66498.1(c) of the Act.

C. The rights conferred by the approval or conditional approval of the vesting map shall expire:

1. If a final map or parcel map is not approved prior to the expiration of the vesting map.

2. The subdivider has requested and the City has approved a change in the type, density, bulk or design of the development, unless an amendment to the vesting map has been approved.

3. One year after the recording of the final map or parcel map in accordance with Sections 66452.6 (g) and (h) of the Act.

D. Notwithstanding other provisions of this section, the amount of any fees which are required to be paid either as a condition of the map’s approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting map.