Chapter 16.12


16.12.005    Purpose of provisions.

16.12.010    Applicability.

16.12.020    Application procedures and requirements.

16.12.025    Development inconsistent with zoning—Conditional approval.

16.12.030    Failure to obtain architectural review approval.

16.12.040    Approval of vesting tentative map.

16.12.045    Development rights.

16.12.050    Duration of vested rights.

16.12.005 Purpose of provisions.

This chapter describes the application and processing requirements for “vesting” tentative maps. An approved vesting tentative map guarantees that subsequent development of the subdivided property will be subject to the same ordinances, policies, and standards in effect at the time the tentative map is approved. (Ord. 1490 § 3 (part), 2006)

16.12.010 Applicability.

Whenever this title requires that a tentative map be filed, a vesting tentative map may instead be filed. Vesting tentative maps may be filed for residential, commercial, or industrial developments, consistent with the provisions of Section 66498 of the Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)

16.12.020 Application procedures and requirements.

A. A statement that architectural review approval has been granted, or a complete application for architectural review approval and plans have been filed which will be concurrently processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map. Tentative maps that are part of a planned development zoning application or are part of a specific plan are exempt from this requirement.

B. A statement that the vesting tentative map is consistent with the current zoning, or that an application has been filed for rezoning or prezoning the land which will be processed concurrently with the vesting tentative map. If a planned development (PD) is required, the PD shall be processed prior to or concurrently with the vesting tentative map. (Ord. 1507 § 3(6), 2007)

16.12.025 Development inconsistent with zoning—Conditional approval.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning in existence at that time, that inconsistency shall be noted on the map. If a change in the zoning or issuance of a planned development rezoning or use permit is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning, planned development or use permit and the map as approved. (Ord. 1507 § 3(8), 2007)

16.12.030 Failure to obtain architectural review approval.

Unless exempted as described in Section 16.12.020(A), approval of a vesting tentative map is contingent upon architectural review approval of the site improvements and all structures within the boundaries of the map. If the subdivider filed a complete application for design review approval concurrently with filing the vesting tentative map application and final action has not been taken on the architectural review application, the subdivider may request that the city defer action on the vesting tentative map application until after final action has been taken on the architectural review application; provided, that the subdivider agrees to an extension of any time periods within which the city is legally required to act on the vesting tentative subdivision map application. (Ord. 1507 § 3(10), 2007)

16.12.040 Approval of vesting tentative map.

Approval of a vesting tentative map shall not be granted until after the project has received approval from the architectural review commission unless exempted as described in Section 16.12.020(A). Nor shall approval of the vesting tentative map be granted unless the review body first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property, in addition to all other required findings for approval of tentative maps as outlined in Section 16.10.120. (Ord. 1507 § 3(12), 2007)

16.12.045 Development rights.

A. When a vesting tentative map is approved or conditionally approved, that approval confers a vested right to proceed with the development in compliance with the ordinances, policies, and standards (excluding fees) in effect at the time the tentative map is approved. Consistent with Subdivision Map Act Section 66474.2, the effective date of the vesting rights shall be the date the vesting map application is deemed complete.

B. Notwithstanding subsection (A) of this section, the review body may condition or require an amendment to the map or disapprove a permit, approval, extension or entitlement, if one of the following applies:

1. Failure to do so will put the residents of the subdivision and/or the immediate community in a condition dangerous to their health or safety.

2. Action is required to comply with state or federal law. (Ord. 1507 § 3(14), 2007)

16.12.050 Duration of vested rights.

A. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by these regulations for the expiration of a tentative map (see Section 16.10.150).

B. If a final map is approved, these rights shall remain in effect for the following time periods beyond the recording of the final map:

1. An initial time period of one year. Where multiple parcel or final maps are to be recorded, this initial time period shall begin for each phase when the final map for that phase is recorded, provided it is recorded prior to the expiration of the vesting tentative map.

2. The subdivider may apply for a one-year extension of the initial time period in subsection (B)(1) of this section, pursuant to the provisions in Section 16.10.155. Appeals of the results of the request for an extension of time are subject to the provisions of Section 16.10.155; provided, that the subdivider may appeal the director’s denial of an extension within fifteen days (Section 66452.6(g) of the Subdivision Map Act).

3. Upon submittal of a complete application for a building permit during the time periods specified in subsections (B)(1) and (2) of this section, the rights referred to herein shall continue until the expiration of that permit, or any approved extension of that permit. (Ord. 1490 § 3 (part), 2006)