A. 
This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of the Subdivision Map Act (hereinafter referred to as the vesting tentative map statute) and may be cited as the West Sacramento vesting tentative map ordinance. The purpose of this chapter is to establish appropriate local procedures for the implementation of the vesting tentative map statute.
B. 
To accomplish this purpose, the regulations contained in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.
(Ord. 91-9 § 3)
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the city code, unless the appropriate zone amendments are also granted.
(Ord. 91-9 § 3)
A "vesting tentative map"
means a "tentative map" for a subdivision, as defined in Section 16.08.320, that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Section 16.24.050 and is thereafter processed in accordance with the provisions hereof.
All other definitions set forth in this title are applicable.
(Ord. 91-9 § 3)
A. 
This title shall apply to all developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead by filed, in accordance with the provisions of this chapter.
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. 91-9 § 3)
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 "vesting tentative map";
B. 
At the time a vesting tentative map is filed a subdivider shall also supply the following information:
1. 
A statement that the vesting tentative map is consistent with the current zoning of the land, or that an application has been filed for rezoning or prezoning that land which will be processed concurrently with the vesting tentative map. If a planned development permit or use permit is required by the zoning ordinance, said permit shall be processed prior to or concurrently with the vesting tentative map,
2. 
A tentative utility plan indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable television and street lighting to be installed to serve the subdivision and any facilities which currently exist within the boundary of the subdivision,
3. 
Preliminary grading plans required by the city's grading ordinance,
4. 
Location of proposed sewer, water, storm drain and road details with appropriate calculations and master plan studies,
5. 
Geotechnical analysis of the subdivision land,
6. 
Soils analysis of the subdivision land,
7. 
Floodplain information including the amount of flooding that may occur during a storm with a frequency of once in one hundred years, and mitigation measures necessary to protect the subdivision from flooding during a storm with a frequency of once in one hundred years,
8. 
Noise analysis with suggested mitigation measures,
9. 
Required approval letters from other agencies where applicable,
10. 
Traffic studies including, but not limited to, existing and future traffic, geometrics, number of lanes, level of service, and recommended pavement sections,
11. 
When required by the community development director or city engineer, feasibility studies, life cycle studies, or other future impact studies,
12. 
Any other studies required because of the peculiarities of the subdivision to assist the department of community development in making the determination required by Section 21080.1 of the Public Resources Code;
C. 
The subdivider as part of the vesting tentative map application may provide substantial documentation as to why a particular submittal requirement in subsection (B) is inapplicable and shall be waived. The director of community development and city engineer shall make a decision as to the request;
All vesting tentative map submittals must be accurate and complete, and must satisfy all requirements of the department of community development and the department of public works. Failure to comply with the above shall be cause for rejection.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
A fee, as established by the city council, shall be required with all vesting tentative map applications.
(Ord. 91-9 § 3)
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 Section 16.20.070 for the expiration of the approval or conditional approval of a tentative map.
(Ord. 91-9 § 3)
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 Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 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 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 conditioned 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.
3. 
The condition or denial is required if there is a boundary shift which neither the developer nor the city has control over, and such shift would result in damages to the developer or surrounding lands.
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 Section 16.20.070. 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 one year initial time period shall begin for each phase when the final map for that phase is recorded.
2. 
The one year initial time period set forth in subdivision (1) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds thirty days from the date a complete application is filed.
3. 
A subdivider may apply to the planning commission for a one year extension at any time before the initial time period set forth in subdivision (1) of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days in accordance with Section 16.20.060. The city council shall deny a request for extension unless it finds that changes to any city ordinances, policies, or standards that were adopted subsequent to the time of filing the vesting tentative map are not necessary to protect the public health, safety or welfare.
4. 
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 91-9 § 3)
Amendments to the approved or conditionally approved vesting tentative map shall be made in accordance with Section 16.20.080 or Section 16.32.080, as the case may be.
(Ord. 91-9 § 3)
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 noted on the map. The city shall deny such a vesting tentative map if the city finds the vesting tentative map to be inconsistent with the zoning of the property, or proposed zoning ordinance which is being processed concurrently with the vesting tentative map. If a change in the zoning ordinance or issuance of a PUD permit or use permit is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 66498.1(b), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance, planned development permit or use permit and the map as approved.
B. 
The rights conferred by this section shall be for the time periods set forth in Section 66452.6 (g)(h).
(Ord. 91-9 § 3)
The subdivider shall pay all applicable taxes, fees and charges in the amount required at the time such taxes, fees and charges become due and payable.
(Ord. 91-9 § 3)
Notwithstanding any provision of this title to the contrary, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 66498.1(b), and the city may grant these approvals or issue these permits to the extent that the departures are authorized under this chapter, this code, the general plan and other applicable law.
(Ord. 91-9 § 3)