This Article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with § 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance.
It is the purpose of this Article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance of the City of San Leandro. Except as otherwise set forth in the provisions of this Article, the provisions of the Subdivision Ordinance of the City of San Leandro shall apply to the Vesting Tentative Map ordinance. To accomplish this purpose the regulations outlined in this Article 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.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the City's General Plan and any applicable specific plan or not permitted by the San Leandro Zoning Code or applicable provisions of the San Leandro Municipal Code.
"Residential development" or "residential subdivision" shall mean a subdivision for construction of residences.
A "Vesting Tentative Map" shall mean a "tentative map" for a residential subdivision, as defined in the Subdivision Ordinance of the City of San Leandro, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 7-1-1225, and is thereafter processed in accordance with the provisions hereof.
(a)
This Article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance of the City of San Leandro, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
(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.
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 of the City of San Leandro 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)
At the time a vesting tentative map is filed a subdivider shall also supply the following information:
(1)
The information required under the Subdivision Ordinance of the City of San Leandro for a tentative subdivision map;
(2)
The information required under Section 7-3-644.3 of the San Leandro Zoning Code for a planned unit development;
(3)
Complete public improvement plans, acceptable to the City Engineer, for all required work in the public right-of-way;
(4)
Site plans, acceptable to the City Engineer, showing roadway details, sidewalk details, lighting, storm and sanitary sewers, etc.;
(5)
Detailed grading plans; and
(6)
Necessary geological studies.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by the City Council for the filing and processing of a vesting tentative map.
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 the Subdivision Ordinance of the City of San Leandro for the expiration of the approval or conditional approval of a tentative map.
(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 Government Code § 66474.2. However, if § 66474.2 of the Government Code 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 in the City of San Leandro at the time the vesting tentative map is approved or conditionally approved.
(b)
Notwithstanding subsection (a), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
(c)
The rights referred to in subsection (a) shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 7-1-1235. 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 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, 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 (c)(1) 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 for a one-year extension at any time before the initial time period set forth in subsection (c)(1) expires. If the extension as denied, the subdivider may appeal that denial to the City Council within 15 days.
(4)
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(a)
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code of the City of San Leandro 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 Zoning Code of the City of San Leandro to eliminate the inconsistency. If the change in the Zoning Code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 7-1-1240(a) confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Code and the map, as approved.
(b)
The rights conferred by this section shall be for the time periods set forth in Section 7-1-1240(c).
Notwithstanding any provision of this Article, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in the Section 7-1-1240(a) and Section 7-1-1245 and the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.