[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.
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[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.