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)