This chapter is adopted pursuant to Map Act Section 66498.1.
(Prior code § 159.66.190)
The purpose of this chapter is to establish procedures necessary
for the processing, reviewing and approving a vesting tentative map
application, and to supplement the provisions of the Map Act and this
Zoning Ordinance. Except as otherwise contained in this chapter, the
provisions of this Zoning Ordinance shall apply to a vesting tentative
map application.
(Prior code § 159.66.200)
A. Whenever
a provision of the Map Act, as implemented and supplemented by this
Zoning Ordinance, requires the filing of a tentative map or tentative
parcel map, a vesting tentative map may be filed, pursuant to the
provisions of this chapter.
B. If
a subdivider does not seek the rights conferred by a vesting tentative
map, the filing of a vesting tentative map shall not be a prerequisite
to an approval for any proposed subdivision, permit for construction,
or work preparatory to construction.
(Prior code § 159.66.210)
A. A prospective subdivider, or agent, may request a pre-application conference with the Department prior to formal submittal of a subdivision application, pursuant to Section
17.64.030. During the conference, the Department representative(s) shall inform the subdivider of applicable policies, plans, and requirements as they apply to the proposed subdivision, review the appropriate procedures outlined in this Zoning Ordinance and examine possible alternatives or modifications relating to the proposed subdivision.
B. 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 contained in Section
16.24.130 of this Zoning Ordinance for a tentative map except as herein after provided:
1. At
the time a vesting tentative map is filed it shall have printed conspicuously
on its face the words “Vesting Tentative Map.”
2. An
application for a vesting tentative map shall not be accepted for
filing until the subdivision has been determined by the Department
to be consistent with the General Plan, applicable specific plans
and this Zoning Ordinance.
3. All
required discretionary City approvals, shall have been previously
obtained or applications for the same shall be filed concurrently
with the vesting tentative map.
4. At the time a vesting tentative map is filed a subdivider shall supply the following information satisfactory to the Director, in addition to those requirements specified in Sections
16.24.110 and
16.24.120:
c. Property owners list of addresses (within 300 feet radius of property
boundaries) printed on 2 sets of gummed labels and postage for same;
d. Environmental information form;
e. Site plans, including the following items of information:
i. Project boundary and dimensions,
ii. Dimensions relating center line, property line and curb,
v. Building locations and size dimensions,
viii.
Mechanical equipment, location and dimensions,
ix. Trash storage design, location and dimensions,
x. Recreation area location and design,
xi. Wall and fence location and design;
f. Floor plans, dimensions and scale;
h. Landscape Plans.
i. Tree sizes, locations and species,
ii. Shrub species, range of sizes, typical locations,
iii.
Groundcover (if not lawn, on-center dimension should be noted),
iv. Curbing and planter areas,
i. One colored print of site plan, elevations and landscape plan, for
public presentation;
k. Vicinity map (3 1/2 inches by 3 1/2 inches);
l. Phasing map, if applicable;
m. Preliminary grading plan;
o. Model, if required by the Development Review Committee;
p. Uses of proposed buildings; and
q. Soils report, geological and hydrology studies, as required by the
City Engineer.
(Prior code § 159.66.220)
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 this Zoning Ordinance
of the expiration of an approved tentative map.
(Prior code § 159.66.230)
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 Map Act
Section 66474.2.
B. However,
if Map Act 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.
C. Notwithstanding subsection
A of this section, a permit approval, extension or entitlement may be made conditional or denied if any of the following findings 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.
D. 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
16.28.050. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of 1 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 initial time period shall begin for each phase when the final map for that phase is recorded. All final maps or parcel maps must be recorded within the time period contained in Section
16.24.160 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
2. The initial time period contained in Section
16.24.160(A) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds 30 days, from the date a complete application is filed.
3. A subdivider may apply for a 1-year extension at any time before the initial time period outlined in Section
16.24.160(A) expires.
4. If the subdivider submits a complete application for a building permit during the periods of time outlined in subsections
(D)(1) through
(3) of this section, the rights referred to herein shall continue until either expiration or extension of that permit.
5. Consistent
with this section, 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.
(Prior code § 159.66.240)
Amendments to the approved or conditionally approved vesting tentative map shall be made pursuant to Section
16.24.180.
(Prior code § 159.66.250)