The purpose of this chapter is to establish a procedure for
approval of tentative maps that provide certain statutorily vested
rights to subdividers under the Subdivision Map Act.
(Prior code § 2-2.60; Ord. 1233 § 1, 1985)
In this chapter:
means a representation of a subdivision which has been filed,
processed and approved in accordance with the Subdivision Map Act
and this chapter and which has printed conspicuously on its face the
words, "Vesting Tentative Map."
All other definitions as set forth in this title and the
Subdivision Map Act shall apply.
(Prior code § 2-2.61; Ord. 1233 § 1, 1985)
This chapter applies only to residential subdivisions. Beginning
January 1, 1988, this chapter will also apply to nonresidential subdivisions.
(Prior code § 2-2.62; Ord. 1233 § 1, 1985)
A.
Option
to File Vesting Tentative Map. When a tentative map is required by
this chapter, a vesting tentative map may be filed.
B.
Filing.
A vesting tentative map shall be filed in the same manner as a conventional
tentative map but shall have printed conspicuously on its face "Vesting
Tentative Map" before it shall be accepted by the city.
C.
Application
of Title. Except as otherwise provided in this chapter, the remaining
provisions of this title apply to a vesting tentative map. A vesting
tentative map shall be processed in the same manner as any other tentative
map, and shall expire after the same period of time and be subject
to the same provisions for extension as an ordinary tentative map.
D.
Accompanying
Data. Such information as is otherwise required under the provisions
of this title for the filing of a tentative map shall also be required
for the filing of a vesting tentative map. The community development
director may require supplemental information as relates to the vesting
nature of the proposed vesting tentative map.
(Prior code § 2-2.63; Ord. 1233 § 1, 1985; Ord.
2000 § 1, 2009)
The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's zoning and subdivision ordinances, policies and standards in effect on the date the city determines the vesting tentative map application is complete except as qualified by Section 19.22.060.
(Prior code § 2-2.64; Ord. 1233 § 1, 1985; Ord.
2144 § 2, 2016)
A.
State
and Federal Laws. This chapter relates only to the imposition of conditions
and requirements imposed by the city and does not affect the obligation
of a subdivider to comply with the conditions and requirements of
state or federal laws, regulations or policies.
B.
Police
Power Regulations. This chapter, however, does not enlarge or diminish
the types of conditions which the city may impose on a development
nor diminish or alter the city's police power to protect against
a condition dangerous to the public health or safety. The city may
condition or deny a permit, approval, extension or entitlement relating
to an approved vesting tentative map if it determines that either:
C.
Discretion
Conferred by Existing Ordinances. This chapter shall not be construed
as a limitation upon discretion vested in the city council, planning
commission or other decisionmaking body of the city by ordinances
in existence at the time a vested tentative map is approved. For example,
the zoning district applicable to a parcel at the time rights vest
under this chapter designates a given use as a conditional use, then
the decisionmaking body in its reasonable discretion may approve,
condition or deny the proposed conditional use on that parcel.
D.
Building
Codes. This chapter shall not be construed to prevent changes in uniform
fire, building, plumbing, mechanical and electrical codes if those
code changes do not prevent use of the property for purposes permitted
at the time rights are vested under this chapter.
E.
Development
Fees. This chapter does not affect the establishment or collection
of any development-related fee. The amount of any fee imposed, including,
but not limited to, park dedication, transportation, building permit,
plan processing, inspection or any other development-related fee as
fixed by ordinance or resolution of the city, will be determined at
the time such fee is paid.
F.
Concurrent
Processing of Map and Land Use Amendment. In recognition that a vesting
tentative map application must be submitted in conformance with the
general plan land use designation and zoning for a site in order for
such map application to be deemed complete, when a subdivider submits
a vesting tentative map application concurrently with a PUD zoning
request, PUD development plan, rezoning request, specific plan amendment
or general plan amendment (a "land use amendment"), such
map application shall not be deemed complete until: (1) the underlying
land use amendment adopted by the city council is in full force and
effect; and (2) such map complies with that land use amendment.
(Prior code § 2-2.65; Ord. 1233 § 1, 1985; Ord.
2144 § 2, 2016)
B.
Duration of Development Rights. The right to proceed with development as set forth in Section 19.22.050 continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one-year period begins for each phase when the final map for that phase is recorded.
C.
D.
Extension
of Time for Exercise of Development Rights.
1.
If the city does not process an application for a grading permit or for design review within 30 days of the date the application is complete, the one-year period specified in subsection C of this section is automatically extended by the time exceeding the 30-day period used by the city to complete processing.
(Prior code § 2-2.66; Ord. 1233 § 1, 1985; Ord.
2179 § 2, 2018)
