[Ord. #87-017, A7, § 31.701]
This section is enacted pursuant to the authority granted by Chapter 4.5 of the Subdivision Map Act (hereinafter referred to as the Vesting Tentative Map Statute) and may be cited as the City of Albany Vesting Tentative Map Ordinance. The purpose of this section is to establish appropriate local procedures for the implementation of the Vesting Tentative Map Statute.
To accomplish this purpose, the regulations outlined in this section 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. #87-017, A7, § 31.702]
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 of the City or not permitted by the Zoning Chapter or other applicable provisions of the Municipal Code.
[Ord. #87-017, A7, § 31.703]
As used in this section:
VESTING TENTATIVE MAP
Shall mean a tentative map for residential subdivision, as defined in this chapter, that has printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with subsection 22-4.2, and is thereafter processed in accordance with the provisions hereof. For purposes of this section, "vesting tentative map" shall include vesting tentative maps prepared in connection with a parcel map.
All other definitions set forth in this chapter are applicable.
[Ord. #87-017, A7, § 31.704]
a. 
This chapter shall apply to all subdivisions. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for development, a vesting tentative map may instead be filed. A vesting tentative map shall be filed and processed in the same manner as a tentative map, except where otherwise provided by this section.
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. #87-017, A7, § 31.706]
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 subsection 22-4.6 for a tentative map except as hereinafter provided:
a. 
At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "vesting tentative map".
b. 
At the time a vesting tentative map is filed, a subdivider shall also submit concurrently a complete application for all other discretionary project approvals for the proposed development required by the Municipal Code which shall be processed concurrently with map review.
c. 
If no other discretionary approvals are required, the subdivider shall, at the time a vested tentative map is filed, also supply the following information:
1. 
The building lines, including height, size and location of buildings;
2. 
Conceptual design plans and elevations;
3. 
Detailed grading plans; and
4. 
Detailed development phasing and improvement plans.
[Ord. #87-017, A7, § 31.706]
a. 
Upon filing a vesting tentative map, the subdivider shall pay all fees and/or deposits in accordance with the applicable City Council Resolution.
b. 
The Planning and Zoning Commission may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.
[Ord. #87-017, A7, § 31.707]
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 subsections 22-4.10 and 22-4.11 for the expiration of the approval or conditional approval of a tentative map.
[Ord. #87-017, A7, § 31.708]
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 Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, that approval 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 or conditionally approved. Tension, or entitlement may be conditioned or denied if any of the following are determined:
b. 
Notwithstanding paragraph a, a permit, approval, extension or entitlement may be conditioned 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.
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 subsection 22-4.10. If the final map is approved, these rights shall last for the following periods of time:
1. 
An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of the final maps or parcel maps must be recorded within the time period set forth in subsection 22-4.10 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded;
2. 
The one-year initial period set forth in subparagraph 1 above, shall be automatically extended by any time for processing a complete application for a grading permit or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed;
3. 
A subdivider may apply to the Planning and Zoning Commission for a one (1) year extension at any time before the initial time period set forth in subparagraph 1 above, expires. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen (15) days, following the procedures set forth in subsection 22-4.9;
4. 
If the subdivider submits a complete application for a building permit during the periods of time specified in subparagraphs 1 through 3 above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
d. 
Consistent with paragraph a, any approved or conditionally approved vesting tentative map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development.
[Ord. #87-017, A7, § 31.709]
Amendments to the approved or conditionally approved vesting tentative map shall be made in accordance with subsection 22-4.12.
[Ord. 87-017, A7, § 31.710]
Notwithstanding any provision of this section to the contrary, 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 Section 22-4 et seq. The City may grant these approvals or issue these permits to the extent that the departures are authorized under this chapter, the Albany Municipal Code, the General Plan and other applicable law.