This chapter is enacted pursuant to the authority granted by
Chapter 4.5 (commencing with section 66498.1) of the California Government
Code (hereinafter referred to as the Vesting Tentative Map Statute),
and may be cited as the "Vesting Tentative Map Ordinance."
(Code 1980, § 16.49.010; Ord. No. 280, § 1, 1985)
It is the purpose of this chapter to establish procedures necessary
for the implementation of the Vesting Tentative Map Statute. Except
as otherwise set forth in the provisions of this chapter, the provisions
of the subdivision ordinance codified in this title shall apply to
the Vesting Tentative Map Ordinance.
(Code 1980, § 16.49.020; Ord. No. 280, § 1, 1985)
A. Whenever
a provision of the Subdivision Map Act, as implemented and supplemented
by the subdivision ordinance, requires the filing of a tentative map
or tentative parcel map, a vesting tentative map may instead be filed
in accordance with the provisions herein.
B. If
a subdivider does not seek the rights conferred by this chapter, the
otherwise applicable provisions of the subdivision ordinance shall
apply.
(Code 1980, § 16.49.030; Ord. No. 280, § 1, 1985; Ord. No. 280-A, § 1, 1988)
Except as specifically set forth in this chapter, all definitions
in the subdivision ordinance will be applicable herein.
"Vesting tentative map"
means a "tentative map" for a residential or
nonresidential subdivision, as defined in the subdivision ordinance,
and which is thereafter processed in accordance with the provisions
of this chapter.
(Code 1980, § 16.49.040; Ord. No. 280, § 1, 1985; Ord. No. 280-A, § 2, 1988)
No land shall be subdivided and developed pursuant to a vesting
tentative map for any purpose which is inconsistent with the general
plan or any applicable specific plan or community plan and which is
not permitted by the development code or other applicable provisions
of this Code.
(Code 1980, § 16.49.050; Ord. No. 280, § 1, 1985)
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 the subdivision ordinance
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 words "vesting tentative map."
B. Simultaneous
with, or prior to the time a vesting tentative map is filed, a subdivider
shall supply completed applications for all discretionary use entitlements
necessary for the project, including, but not limited to, use permits,
development/design review, amendments to the general plan or any applicable
specific plan or community plan, zone changes, amendments to the development
code, etc., together with all complete information necessary to process,
as applicable, a negative declaration or draft environmental impact
report pursuant to the terms of the California Environmental Quality
Act.
C. A subdivider
may submit a complete application for a building permit at the time
of filing, as provided in this section; however, under no circumstances
shall such permit, if issued, grant vesting rights as specified in
this chapter.
(Code 1980, § 16.49.060; Ord. No. 280, § 1, 1985)
Upon filing a vesting tentative map, the subdivider shall pay
the fees required by that resolution of the city council for the filing
and the processing of a tentative map.
(Code 1980, § 16.49.070; Ord. No. 280, § 1, 1985)
The approval or conditional approval of a vesting tentative
map shall expire two years from the date of its adoption by resolution.
Extensions of a vesting tentative map shall be subject to those procedures
in the subdivision ordinance applicable to the extension of tentative
maps.
(Code 1980, § 16.49.080; Ord. No. 280, § 1, 1985)
A. The
approval or conditional approval of a vesting tentative map shall
confer a vested right to process a final map and proceed with development
in substantial compliance with the ordinances, policies and standards
described in
Government Code § 66474.2. However, if Government
Code § 66474.2 is repealed, the approval or conditional
approval of a vesting tentative map shall confer a vested right to
process a final map and proceed with development in substantial compliance
with the land use 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 a 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 in this section shall accrue only if, and at the time, a final map is approved for the project. Such 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
16.49.080.
D. If
the final map is approved, these rights shall remain vested for the
following periods of time:
1. An
initial time period of 12 months. 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
(D)(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 30 days from the date a complete application is filed;
3. A subdivider may apply to the city council for a one-year extension at any time before the initial time period set forth in subsection
(D)(1) of this section expires;
4. If
the subdivider submits a complete application for a building permit
during the periods of time specified in subsections D.1 through 3
of this section, the rights referred to herein shall continue until
the expiration of that permit, or any extension of that permit.
(Code 1980, § 16.49.090; Ord. No. 280, § 1, 1985)
A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the development code in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative map or approve it conditioned on the subdivider, or designee, obtaining the necessary change in the development code to eliminate the inconsistency. If the change in the development code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding section
16.49.090(A), confer the vested right to process a final map and proceed with the development in substantial compliance with the change in the development code and the map, as approved.
B. The rights conferred by this section shall be for the time periods set forth in section
16.49.090(D).
(Code 1980, § 16.49.100; Ord. No. 280, § 1, 1985)
Notwithstanding any provisions of this chapter, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in sections
16.49.090(A) and
16.49.100, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Code 1980, § 16.49.110; Ord. No. 280, § 1, 1985)