The purpose of this chapter is to establish procedures necessary for the processing, reviewing and approving of a vesting tentative map application, and to supplement the provisions of the Map Act and this Municipal Code. Except as otherwise contained in this chapter, the provisions of this Municipal Code shall apply to a vesting tentative map application.
(Ord. 08-01 §1, 2008)
A tentative map for a subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with this title and which, if approved or conditionally approved by the city council, confers a vested right to proceed with development in substantial compliance with ordinances, policies and standards in effect at the time an application for said map is accepted by the city as complete and Section 66498.1 et seq., of the Subdivision Map Act.
(Ord. 08-01 §1, 2008)
This chapter shall only apply to residential and/or commercial development. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a residential or commercial development, a vesting tentative map may instead be filed in accordance with the provision of this chapter.
(Ord. 08-01 §1, 2008)
A. 
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with provisions of the general plan, any specific plan, the zoning ordinance, or any applicable provisions of this code.
B. 
The subdivider must make application and receive approval concurrent with the vesting tentative map for all zoning approvals, including, but not limited to, site and architectural design review approvals, conditional use permits, zoning variances, and grading and drainage plans, which are necessary for ultimate development on the area covered by the vesting tentative map.
(Ord. 08-01 §1, 2008)
Notwithstanding any provision of this chapter, a subdivider may seek approvals or permits for developments which depart from the ordinances, policies, and standards described this title, and local agencies may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.
(Ord. 08-01 §1, 2008)
A vesting tentative map shall be filed in the same form and have the same content, accompanying data and reports, and shall be processed in the same manner described for tentative maps in Chapter 16.07 except as described in this chapter.
(Ord. 08-01 §1, 2008)
Whenever a provision of the Map Act, as implemented and supplemented by this Municipal Code requires the filing of a tentative map or tentative parcel map, a vesting tentative map may be filed, pursuant to the provisions of this chapter. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
A. 
A prospective subdivider, or agent, may request a pre-application conference with the city staff prior to formal submittal of a subdivision application, pursuant to this title. During the conference, the staff shall inform the subdivider of applicable policies, plans, and requirements as they apply to the proposed subdivision, review the appropriate procedures outlined in Municipal Code and examine possible alternatives or modifications relating to the proposed subdivision.
B. 
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 contained in Chapter 16.07 of this title for a tentative map except as herein after provided.
C. 
If the subdivision of any area is proposed to occur in phases by tract, the location of the proposed tract shall be indicated relative to other adjacent phases or tracts established or proposed to be established.
D. 
If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to an approval for any proposed subdivision, permit for construction, or work preparatory to construction.
E. 
Statements shall be those required for the filing of a tentative map, and the following shall be required:
1. 
A list of all regulations, fees, exactions, dedications, policies, standards, guidelines and ordinances, including zoning ordinances and applicable zones, currently in effect that have been used to prepare the map which will be used to construct buildings and improvements on the premises;
2. 
A report documenting the status of any existing condition with respect to hazardous materials and substances on the site and the risk of exposure via air, soil, water, or other conveyance;
3. 
The effect of participation in any special district, benefit district or any other participation the terms of which may infer any vested right;
4. 
An application for a vesting tentative map shall not be accepted for filing until the subdivision has been determined by the department to be consistent with the general plan, applicable specific plans and this Municipal Code;
5. 
All required discretionary city approvals, shall have been previously obtained or applications for same shall be filed concurrently with the vesting tentative map;
6. 
At the time a vesting tentative map is filed a subdivider shall supply the following information for which vesting is requested in a manner satisfactory to the director, in addition to those requirements specified in Chapter 16.17. Any requested vested standard, design, etc. shall be clearing indicated if it is not consistent with existing code or city standard and for which amendments are requested. Otherwise, it is presumed that existing code is to be the requested standard:
a. 
Site plans and/or a tentative map, including the following items of information:
i. 
Project boundary and dimensions,
ii. 
Dimensions relating center line, property line and curb,
iii. 
Building dimensions,
iv. 
Setback dimensions,
v. 
Building locations and size dimensions,
vi. 
Street, driveway widths,
vii. 
Bike paths, if required,
viii. 
Mechanical equipment, location and dimensions,
ix. 
Trash storage design, location and dimensions,
x. 
Recreation area location and design,
xi. 
Wall and fence location and design;
b. 
Floor plans, dimensions and scale;
c. 
Elevations:
i. 
Dimensions and scale,
ii. 
Color and materials,
iii. 
Roof pitch and type;
d. 
Landscape plans:
i. 
Tree sizes, locations and species,
ii. 
Shrub species, range of sizes, typical locations,
iii. 
Groundcover (if not lawn, on-center dimension should be noted),
iv. 
Curbing and planter areas,
v. 
Sidewalks,
vi. 
Lighting;
e. 
One colored print of site plan, elevations and landscape plan, for public presentation;
f. 
Colored rendering;
g. 
Phasing map, if applicable;
h. 
Sample materials board.
F. 
Vesting shall not commence until such time as the application is deemed complete by city staff.
(Ord. 08-01 §1, 2008)
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 Map Act Section 66474.2.
B. 
However, if Map Act Section 664742 is repealed, the approval or condition 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.
C. 
Notwithstanding subsection B of this section, a permit approval, extension or entitlement may be made conditional or denied if any of the following findings 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.
D. 
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 last for the following periods of time:
1. 
An initial time period of one year beyond the recording of the final map or parcel 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. All final maps or parcel maps must be recorded within the authorized time period or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
2. 
The initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review if the processing exceeds thirty 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 period expires.
4. 
If the subdivider submits a complete application for a building permit during the periods of time authorized by this title and state law, the rights referred to herein shall continue until either expiration or ex-tension of that permit.
5. 
An 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 and authorized by law.
(Ord. 08-01 §1, 2008)
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period in accordance with Government Code Section 66452.6, and shall be subject to the same extensions, established by this title for the expiration of an approved tentative map.
(Ord. 08-01 §1, 2008)
Amendments to the approved or conditionally approved vesting tentative map shall be made pursuant to this title. After approval or conditional approval of a vesting tentative map, amendments can be made only by following procedures for the original approval or conditional approval. Approvals or permits which depart from the vesting tentative map may only be granted based upon an amendment to the vesting tentative map. No amendments shall be granted so as to modify or delete any public improvements and site development requirements and conditions approved in the first instance by the city council, including, but not limited to, grading, drainage facilities and structures. This section shall not be construed to prevent the city from denying or placing any conditions upon approval of a final map pursuant to Government Code Section 66498.1(c).
(Ord. 08-01 §1, 2008)
Any person aggrieved by the decision of the planning commission on any map, amendment thereto or extension request may appeal to the city council in the manner prescribed by this title.
(Ord. 08-01 §1, 2008)