Chapter 14.11.070
Vesting Maps, Application and Review Procedures
Sections:
14.11.070.010 Vesting Tentative Maps.
14.11.070.020 Application Submittal Requirements.
14.11.070.030 Review Procedures.
14.11.070.040 Expiration and Time Extensions.
14.11.070.050 Amendments to Approved Vesting Tentative Maps.
14.11.070.060 Vesting on Approval of Vesting Tentative Maps.
14.11.070.070 Development Inconsistent With Zoning.
14.11.070.010 Vesting Tentative Maps.
Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this division, requires a tentative map or tentative parcel map for a subdivision, an applicant may instead file a vesting map in accordance with this division.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.070.020 Application Submittal Requirements.
In compliance with the Subdivision Map Act, a subdivider shall file a vesting tentative map in the same form and have all contents, accompanying data and reports required for a tentative map or a tentative parcel map and the following:
A. At the time a vesting tentative map or tentative parcel map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map” or “Vesting Tentative Parcel Map.”
1. Materials Listed on the Vesting Tentative Map Application and Supplemental Information Checklists on File With the Department. The Director of Community Development may waive the submittal of any maps or reports required if the Director of Community Development determines that adequate information exists in City records regarding the area involving the vesting tentative map and that no additional analysis is necessary.
2. The vesting tentative map application submittal shall also include submittal of architectural plans and use of all buildings proposed to be constructed within the subdivision, including the proposed height, size, and location of buildings.
3. Proposed grading plans based on actual field topographic surveys.
B. All vesting map submittals shall be accurate and complete and shall meet all the requirements of this title and the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.070.030 Review Procedures.
The review procedures shall apply to vesting map. The City Council shall be the final decision maker for all applications, upon recommendation by the Planning Commission.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.070.040 Expiration and Time Extensions.
The approval of a vesting map shall expire at the end of the same time period and shall be subject to the same extensions of time established by this division in Section 14.11.040.050 for the expiration of approval of a tentative map or tentative parcel map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.070.050 Amendments to Approved Vesting Tentative Maps.
Changes to either the map or to the conditions of approval of an approved vesting tentative map shall be subject to the provisions of Section 14.11.020.070.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.070.060 Vesting on Approval of Vesting Tentative Maps.
The approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2, and as follows:
A. The vested right to proceed with development shall only apply to those development entitlements submitted and approved concurrently with the vested tentative tract map or vested tentative parcel map.
B. The ordinances, standards and policies in effect at time of approval may include programs or mechanisms that contain ongoing provisions and may even include built-in inflation-based adjustments. For example:
1. The issuance of residential building permits will be subject to the provisions of the Planned Growth Ordinance, Division 14.05, as it exists at time the submittal of the approved vesting tentative map was deemed complete;
2. Development impact fees will be based upon the fees calculated at the time of building permit issuance because the ordinance that requires the fees includes an annual inflation adjustment factor; and
3. Building permit fees will be based upon the fees calculated at the time of building permit issuance because the ordinance that requires the fees includes a provision that building fees are based on the calculation of building valuation determined at the time of building permit issuance.
C. If Section 66474.2 of the Government Code is repealed, the approval of a vesting tentative tract map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved versus the time the submittal of the tentative map application was deemed complete.
D. Regardless of the vested rights, a permit approval, extension, or entitlement may be made conditional or denied if any of the following determinations are made by the Director:
1. A failure to do so would result in a health and/or safety threat to residents or business tenants of the subdivision or the immediate community; or
2. The condition or denial is required to comply with state or federal law.
E. The rights referred to in this section shall expire if a final map or parcel map is not recorded prior to the expiration of the vesting tentative map or vesting tentative parcel map. If the final map or parcel map is recorded, these rights shall extend for the following time periods:
1. An initial time of one year. 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 in subsection E.(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if such processing exceeds 30 calendar days from the date a complete application is filed;
3. A subdivider may apply for a one-year extension at any time before the initial time set forth in subsection E.(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 calendar days; and
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection E.(1) of this section, the rights referred to in this section shall continue until the expiration of that permit or any extension of that permit.
F. If after the approval of a vesting tentative map, the ordinances, policies or standards that comprised the vested rights are changed, the subdivider or the subdivider’s assignee may file an application to modify the approval to secure a vested right to proceed in accordance with the changed ordinances, policies or standards; provided, that:
1. The subdivider files the application to modify the approval prior to the expiration of the approved vesting tentative map;
2. The application for modification clearly specifies the changes in the ordinances, policies or standards the subdivider is seeking to apply to the approved development; and
3. The modification process is subject to the provisions of Section 14.11.020.050.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.070.070 Development Inconsistent With Zoning.
If a subdivider files a vesting tentative map or a vesting tentative parcel map for a subdivision and the intended development is not consistent with any applicable provisions of the Land Use and Development Code, as it exists at the time of application, it shall be remedied as follows:
An application shall be filed for an amendment to the Land Use and Development Code or zone change to eliminate any inconsistency, and it shall be processed concurrently with the vesting tentative map in accordance with the applicable provisions of this title. The vesting tentative map may be approved only if the requested Land Use and Development Code amendment or zone change is adopted by the City Council. If the Land Use and Development Code amendment or the zone change request is denied, then the vesting tentative map shall be deemed denied.
(Ord. 1972, Repealed and Replaced, 02/22/2022)