(a)
Whenever a provision of the Subdivision Map Act or this Title requires
the filing of a tentative map, a vesting tentative map may instead
be filed, in accordance with the provisions of this Chapter.
(b)
Any subdivider may elect whether to seek the rights conferred by
a vesting tentative map, and 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. 249 § 3, 1989)
A vesting tentative map shall be filed in the same form, shall
have the same contents, accompanying data and reports, and shall be
processed in the same manner, as 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)
Preliminary site plan, including approximate height, size, and location
of buildings;
(2)
Preliminary layouts for sewer, water, storm drain, road, and other
public and private infrastructure systems;
(3)
Uses to which the buildings and other private improvements will be
put;
(4)
Conceptual grading plans;
(5)
Preliminary soils, drainage and geological studies; and
(6)
Conceptual architectural plans for buildings.
(Ord. 249 § 3, 1989)
Upon filing a vesting tentative map, the subdivider shall pay
a fee for examination and processing of such map, in an amount established
by resolution of the Council.
(Ord. 249 § 3, 1989)
A vesting tentative map shall expire thirty-six months (36)
after its approval or conditional approval. Additionally, such map
shall be subject to any extensions permitted under the terms of the
Subdivision Map Act.
(Ord. 249 § 3, 1989)
(a)
Vested Right to Proceed With Development. The approval or conditional
approval of a vesting tentative map shall confer a vested right to
proceed with development in substantial compliance with all ordinances,
policies and standards described in Government Code Section 66474.2.
In the event that provision is repealed, the approval or conditional
approval of a vesting tentative map shall confer a vested right to
proceed with development in substantial compliance with all ordinances,
policies, and standards in effect at the time the vesting tentative
map is approved or conditionally approved.
(b)
Application for Amendment. In the event that the ordinances, policies, and standards described in subsection (a) are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider or its assignee, at any time prior to the expiration of such map, may apply for an amendment to the vesting tentative map to secure a vested right to proceed in accordance with any or all of the changed ordinances, policies or standards.
(c)
Determination of Denial or Conditional Status. Notwithstanding subsection (a), a permit, approval, extension, or entitlement may be made conditional or denied if either of the following is determined:
(d)
Expiration of Rights. The rights referred to herein shall expire
if a final map is not approved prior to the expiration of the vesting
tentative map. If the final map is approved, these rights shall remain
in full force and effect for the following periods of time:
(1)
An initial time period of two (2) years after recording of the final
map. 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 paragraph (1) shall be automatically
extended by any time consumed by the City for the purpose of processing
a complete application for a grading permit or for design or architectural
review, in the event that such processing time exceeds thirty (30)
days from the date that a complete application is filed.
(3)
The subdivider may apply to the Council for a one-year extension
at any time prior to the expiration of the initial time period set
forth in paragraphs (1) and (2). If such extension is denied, the
subdivider may, within fifteen (15) days thereafter, appeal that denial
to the Council.
(4)
If the subdivider submits a complete application for a building permit
during the periods of time specified in paragraphs (1) through (3),
inclusive, the rights conferred by this Chapter shall continue until
the expiration of that permit, if issued, or any extension thereof.
(Ord. 249 § 3, 1989)
(a)
Procedure. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning map ordinance in effect at that time, such inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned upon the subdivider or its designee obtaining the necessary change in the zoning map ordinance to eliminate the inconsistency. If such change in the zoning map ordinance is obtained, then, notwithstanding Subsection 20.20.050(a), the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning map ordinance and the vesting tentative map, as approved.
(b)
Time Periods. The rights conferred by this Section shall be effective for the time periods set forth in Subsection 20.20.050(d).
(Ord. 249 § 3, 1989)
Notwithstanding any provision of this Chapter, the subdivider or its designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Subsection 20.20.050(a) and Section 20.20.060, and local agencies may grant these approvals or issue these permits to the extent that such departures are authorized under applicable law.
(Ord. 249 § 3, 1989)
