A.
Purpose
Whenever a provision of Title 17 requires that a tentative map
be filed, a vesting tentative map may instead be filed.
B.
Vested
Right to Proceed
Subject to the requirements of this chapter, 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.
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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 which is not permitted by
applicable provisions of Title 16. A vesting tentative map shall not
be approved unless it is consistent with the existing zoning and General
Plan designation on the property proposed to be subdivided at the
time the application is filed.
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A.
Map
Title
A vesting tentative map shall have the words "Vesting Tentative
Map" printed conspicuously on its face.
B.
Submittal
and Design Requirements
Vesting tentative maps shall be accompanied by the same supporting materials and shall conform to the same design and other requirements as Residential Unit Developments as set forth in Chapter 16.030 of Title 16.
C.
Review
of Vesting Tentative Maps
1.
Procedures and Required Findings
2.
Same Requirements as Residential Unit Developments
Prior to review by the City Council, vesting tentative maps shall be subject to the same review requirements as residential unit developments per Chapter 16.030 of Title 16. Approval of a vesting tentative map shall not become effective until the general development plan for the project is approved by the Architectural Commission in accordance with Chapter 16.030.
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Notwithstanding this chapter, the City may condition or deny
a permit, approval, extension, or entitlement for a project under
a vesting tentative map if it finds any of the following:
A.
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.
B.
The
condition or denial is required in order to comply with state or federal
law.
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A.
Conditions
of Approval During Subsequent Review Phases not Limited
An approved or conditionally-approved vesting tentative map
shall not limit the City from imposing reasonable conditions on subsequent
required approvals or permits necessary for the development and authorized
by the General Plan, this Code, and other applicable ordinances, policies,
and standards in effect at the time the vesting tentative map is approved
or conditionally approved.
B.
Obligation
to Comply with State and Federal Laws
The rights conferred by this chapter shall relate only to the
imposition by the City of conditions or requirements created and imposed
by City ordinances. Nothing in this chapter removes, diminishes, or
affects the obligation of any subdivider to comply with the conditions
and requirements of any state or federal laws, regulations, or policies
and does not grant the City the option to disregard any state or federal
laws, regulations, or policies.
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A.
Amendments
in Response to Changes in City Policies or Standards
If the General Plan, this Code, or other applicable policies or standards of the City are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider or the subdivider's assignee, at any time prior to the expiration of the vesting tentative map pursuant to Section 17.053.060 may apply for an amendment to the vesting tentative map to secure a vested right to proceed with development in accordance with said changes. The application for map amendment submitted by the subdivider shall clearly specify the change in the General Plan, this Code, or other policies or standards for which the amendment is sought.
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A.
Expiration
of Map
Approved vesting tentative maps shall expire at the end of the same time period and shall be subject to the same time extensions as established for other tentative maps in Chapter 17.056.
B.
Effect
of Vesting Map Expiration
The rights conferred by this chapter shall expire if a final
map is not approved prior to the expiration of a vesting tentative
map.
C.
Expiration
of Right to Proceed
If the final map is approved, the right to proceed with development
conferred by this chapter shall expire one year from the date of recordation
of the final map. Where several final maps are recorded on various
phases of a project covered by a single vesting tentative map, the
one-year initial time period shall begin for each phase when the final
map for that phase is recorded.
D.
Time
Extensions for Right to Proceed
The one-year initial time period to proceed with development
shall be automatically extended by any time used by the City for processing
a complete application for a grading permit or for design or architectural
review if the time used by the City to process the application exceeds
30 days from the date a complete application is filed. At any time
prior to expiration of the initial one-year time period provided by
this chapter, the subdivider may apply to the City Council for a one-year
extension.
E.
Extension
Via Application for Building Permit
If the subdivider submits a complete application for a building
permit during the time periods for proceeding with development provided
in this chapter, the right to proceed with development shall continue
until the expiration of that permit or extension thereof granted by
the City.
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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.
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