[Ord. No. 1034, § 1.]
This article is enacted pursuant to the authority granted by Chapter 4.5 of Division 2 of Title 7 of 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. No. 1034, § 1.]
It is the purpose of this article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance. Except as otherwise set forth in the provisions of this article, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations outlined in this article are determined to be necessary for the preservation of public health, safety and general welfare, and for the promotion of orderly growth and development.
[Ord. No. 1034, § 1.]
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is not consistent with the general plan and any applicable specific plan, and this Code.
[Ord. No. 1034, § 1.]
(a) 
This article shall apply to residential, commercial and industrial developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Oakdale Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for 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. No. 1034, § 1.]
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 chapter 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 supply the following information:
(1) 
Height, size, and location of buildings.
(2) 
Sewer, water, storm drain and road details.
(3) 
Information on the uses to which the buildings will be put.
(4) 
Grading plans, including relationship to grades of neighboring properties.
(a) 
Upon filing a vesting tentative map, the subdivider shall pay all fees and/or deposits required by city council resolution establishing applicable fees for the filing and processing of a tentative map.
[Ord. No. 1034, § 1.]
[Ord. No. 1034, § 1.]
The approval or conditional approval of a vesting tentative map shall expire within the same time frame, and shall be subject to the same extensions, established for a tentative map.
[Ord. No. 1034, § 1.]
(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 in effect at the time the vesting tentative map is approved or conditionally approved.
(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.
(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 this chapter. If the final map is approved, these rights shall last for the following periods of time:
(1) 
An initial time period of two years. Where several final maps are recorded or 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 (c), paragraph (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 for a one year extension at any time before the initial time period set forth in subsection (c), paragraph (1) expires. The planning commission may grant a total of three, twelve month extensions. If the extension is denied, the subdivider may appeal the action in accordance with the provisions set forth in this chapter.
(4) 
If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (1) through (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(d) 
Any time prior to the expiration of the vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map. A request for amendment shall include review of the entire map under the ordinance, fees, policies, and standards in effect at the time of the requested amendment.
[Ord. No. 1034, § 1.]
(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 d 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 the provisions contained within this article, 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 this article.