This chapter establishes procedures for vesting tentative maps, in accordance with provisions of Chapter 4.5 of the State Subdivision Map Act. No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the Subdivision Map Act.
(Ord. 1410 § 34, 1992)
A "vesting tentative map"
is a tentative map for a subdivision, which is filed and processed in accordance with this chapter. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this chapter.
(Ord. 1410 § 34, 1992)
(a) 
Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map for a development, a vesting tentative map may instead be filed, in accordance with these provisions.
(b) 
If a subdivider does not seek the rights conferred by this chapter, 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. 1410 § 34, 1992)
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 title for a tentative map except as hereinafter provided:
(1) 
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
(2) 
Prior to accepting an application for a vesting tentative map, the director of planning and zoning may require the filing of complete application materials for discretionary approvals associated with reasonably foreseeable development within the vesting map boundary.
(Ord. 1410 § 34, 1992)
(a) 
On filing a vesting tentative map, the subdivider shall pay the application fees required by city council resolution as required for the same subdivision if it did not seek the vesting right.
(b) 
At the time of development, the subdivider shall pay permit fees and other development fees in accordance with fee schedules in effect on the date the vesting map was approved by city council. Except as provided in Section 9.68.070(b), no new type of fee established after approval of the vesting map shall be applicable to development of the subdivided property.
(Ord. 1410 § 34, 1992)
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 this title for the expiration of the approval or conditional approval of a tentative map.
(Ord. 1410 § 34, 1992)
(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 Government Code Section 66474.2. This will normally mean ordinances, policies and standards in effect on the date the map application is certified complete by the Director. However, if permitted by the modification in repeal of Government Code Section 66474.2 or other state law, 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) of this section, 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 or parcel map is not approved before the expiration of the vesting tentative map as provided in Section 9.68.060. If the final or parcel map is approved, these rights shall last for the following periods of time:
(1) 
An initial time period of one year. 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 subsection (c)(1) of this section 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 for the permit or review 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)(1) of this section expires. The time extension request shall be considered at a public hearing conducted by the city council. Notice for the hearing shall be as specified in the Subdivision Map Act.
(4) 
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 1410 § 34, 1992; Ord. 2031 § 28, 2020)