Chapter 23.40
VESTING TENTATIVE MAP

Sections:

23.40.110    Citation and authority.

23.40.120    Purpose and intent.

23.40.130    Consistency.

23.40.140    Application.

23.40.210    Filing and processing.

23.40.215    Requirements for related permits/approvals.

23.40.220    Fees.

23.40.230    Expiration.

23.40.310    Vesting on approval of vesting tentative map.

23.40.320    Development inconsistent with zoning – Conditional approval.

23.40.330    Applications inconsistent with current policies.

23.40.110 CITATION AND AUTHORITY.

This chapter is enacted under authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the. Government Code of the state of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance.

(Ord. 86-18 § 1 (part), 1986).

23.40.120 PURPOSE AND INTENT.

It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to the vesting tentative maps.

To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. 86-18 § 1 (part), 1986).

23.40.130 CONSISTENCY.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Municipal Code.

(Ord. 86-18 § 1 (part), 1986).

23.40.140 APPLICATION.

(a)    This chapter shall apply only to residential developments. 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 for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

(b)    If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. 86-18 § 1 (part), 1986).

23.40.210 FILING AND PROCESSING.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this title for a tentative map, and shall have printed conspicuously on its face the words “Vesting Tentative Map.”

(Ord. 86-18 § 1 (part), 1986).

23.40.215 REQUIREMENTS FOR RELATED PERMITS/APPROVALS.

At the time a vesting tentative map is filed, a subdivider shall also apply for any discretionary zoning permits/approvals required in connection with the development, except as provided in subsection (a) below. Such other applications shall include all information and material required for the processing of such applications.

(a)    Where the final approving body requires further discretionary design permit(s) as a condition of vesting tentative map approval, such permit(s) may be processed subsequent to vesting tentative map approval, as specified in the conditions of approval.

(Ord. 86-18 § 1 (part), 1986).

23.40.220 FEES.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the resolution of the city council for the filing and processing of a tentative map. Such fee shall be sufficient to cover the expense of processing a vesting tentative map application from filing to final action.

(Ord. 86-18 § 1 (part), 1986).

23.40.230 EXPIRATION.

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 this title for the expiration of the approval or conditional approval of a tentative map.

(Ord. 86-18 § 1 (part), 1986).

23.40.310 VESTING ON APPROVAL OF VESTING TENTATIVE MAP.

(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 Government Code 66474.2.

(b)    Notwithstanding subsection (a), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

(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 both.

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

(3)    The vesting tentative map if for a subdivision whose intended development is inconsistent with the zoning ordinance or other local ordinance existing at that time.

(c)    The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 23.40.230. If the final map is approved, these rights shall last for the following periods of time:

(1)    An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map for that phase is recorded.

(2)    The initial time period set forth in subsection (c)(1) 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 department for a one-year extension at any time before the initial time period set forth in subsection (c)(1) expires.

In the case of a vesting tentative parcel map, if the extension is denied, the subdivider may appeal that denial to the city council within ten calendar days.

(4)    If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (c)(1) through (c)(3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 86-18 § 1 (part), 1986).

23.40.320 DEVELOPMENT INCONSISTENT WITH ZONING – CONDITIONAL APPROVAL.

(a)    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 his or her 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 Section 23.40.310(a), confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

(b)    The rights conferred by this section shall be for the time periods set forth in Section 23.40.310(c).

(Ord. 86-18 § 1 (part), 1986).

23.40.330 APPLICATIONS INCONSISTENT WITH CURRENT POLICIES.

Nothwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections 23.40.310(a) and 23.40.320, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 86-18 § 1 (part), 1986).