This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 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.
(Ord. 4371, 1985)
A. It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the California Subdivision Map Act and this title. Except as otherwise set forth in this chapter, the provisions of Title
27 shall apply to vesting tentative maps.
B. The
regulations outlined in this chapter 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.
(Ord. 4371, 1985; Ord. 5380, 2005)
The following words and phrases shall have the meaning indicated,
unless context or usage clearly requires a different meaning:
Vesting Tentative Map.
A tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is submitted for approval in accordance with Section
27.20.060.
All other definitions set forth in Title 27 are applicable.
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(Ord. 4371, 1985)
A. Whenever
a provision of the Subdivision Map Act or this title requires approval
of a tentative map, a vesting tentative map may instead be submitted
for approval in accordance with the provisions hereof.
B. If
a subdivider does not seek the rights conferred by the Vesting Tentative
Map Statute, the submission 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.
(Ord. 4371, 1985; Ord. 5380, 2005)
A vesting tentative map shall (i) be submitted for approval
in the same form, (ii) have the same contents and accompanying data
and reports, and (iii) shall be processed in the same manner as a
tentative map except as hereinafter provided:
A. Vesting
tentative map - identification. At the time a vesting tentative map
is submitted for approval, it shall have printed conspicuously on
its face the words "Vesting Tentative Map."
B. Special
requirements for vesting tentative map. At the time a vesting tentative
map is submitted for approval, the subdivider shall also supply the
following information:
1. A
preliminary plot plan of the proposed development, drawn to scale,
showing, as a minimum:
a. Boundaries of the property;
b. The location, dimensions, and uses of all existing and proposed buildings
and structures on the subject property;
c. Location, size and number of parking spaces and loading spaces;
d. All interior circulation patterns including streets, walkways, bikeways,
and connections to existing or proposed arterial or connector roads
and other major roads;
e. Location and use of all buildings and structures within 50 feet of
the property's boundaries;
f. Location, height, and material of all existing and proposed walls
and fences;
g. Location of areas of geologic, seismic, flood and other hazards;
h. Location of areas of prime scenic quality, habitat resources, archaeological
sites, water bodies, and significant existing vegetation;
i. Location and amount of land devoted to public purposes, open space,
landscaping and recreation.
2. Preliminary
soils report.
3. Improvement
plans for construction of public improvements as required by the Public
Works Department. The improvement plans shall be prepared by a registered
civil engineer and shall include, but not be limited to:
a. Street improvements, including, but not limited to, curb, gutter,
sidewalk, sewer system, water system, street lighting, traffic controls
and undergrounding of utilities;
b. Existing and proposed drainage;
c. Right-of-way and other dedications;
d. Existing contours and proposed grading;
4. Preliminary
building elevations;
5. Preliminary
landscaping and irrigation plans indicating proposed trees, shrubs,
and ground cover; and delineating species, size, and placement;
6. Statistical
data:
a. Net and gross acreage and square footage of the property;
b. Height, ground floor area, and total floor area of each building;
c. Number and type of dwelling units in each building, i.e., single-unit
residential, condominium, apartment, etc., and number of bedrooms
in each dwelling, where applicable;
d. Building coverage expressed as a percent of the total net area of
the property;
e. Percentage of the net or gross land area of the property devoted
to landscaping, open space and/or recreation, whichever is appropriate;
f. Parking requirements for the entire development with a computation
showing the requirements for each dwelling, unit in the development
and total parking requirements;
g. Estimated number of potential residents in each residential category;
h. Number of employees and potential new employees, if applicable;
i. Average slopes, if parcel contains any slope in excess of 20%;
7. Three-dimensional
perspective drawings and renderings to scale sufficient to show the
architectural design, including colors and materials, of buildings
and structures proposed to be constructed;
8. The
off-site circulation pattern, including right-of-way dedication, street
improvements, traffic control measures and acceleration and deceleration
lanes;
9. A
statement of intent as to the establishment of utilities, services,
and facilities including water, sewage disposal, fire protection,
police protection, schools, transportation, i.e., proximity to transit
or provision of bike lanes;
10. A statement of energy and water conservation measures and/or devices
incorporated into the construction and occupancy phases of the development;
11. The on-site illumination plan emphasizing access, walkways, buildings,
parking, landscaping, and signs; illumination intensity shall be subject
to approval from the Advisory Agency after on-site inspection;
12. Any signs, including size and location, if applicable;
13. Measures to be used to prevent a reduced nuisance effect such as
noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion,
and to prevent danger to life and property;
14. If development is to occur in stages, the sequence and timing of
construction of the various phases;
15. Proposed homeowners association (if applicable) indicating CC&Rs,
deeds, restrictions, and methods of open-space maintenance;
16. Any other data requested by the Community Development or Public Works
Departments.
C. Prior
approvals necessary. Where a vesting tentative map application is
submitted for approval in conjunction with a development plan, conditional
use permit, modification, or variance for the same property, the vesting
tentative map shall be processed concurrently with such discretionary
approvals. If the applicant is seeking a modification, variance, or
conditional use permit, a vesting tentative map shall not be approved
or conditionally approved until all other discretionary approvals
have been granted or conditionally granted. A vesting tentative map
processed in conjunction with a development plan shall not be approved
or conditionally approved until the preliminary development plan has
been approved or conditionally approved by City.
D. Development
allocation system. Every vesting tentative map shall contain a statement
that the issuance of any building or grading permit for the real property
shown on the vesting tentative map is subject to the requirements
and restrictions of the City's Development Allocation System existing
at the time of any such issuance.
(Ord. 4371, 1985; Ord. 5380, 2005; Ord. 5798, 2017)
Upon filing a vesting tentative map, the subdivider shall pay
the fees required for filing and processing a tentative map and any
other reviews, plan checks or permits necessary to be completed or
approved prior to or at the time of the approval of the vesting tentative
map. The City Council may, by resolution, establish fees for filing,
processing and other matters pertaining to vesting tentative maps.
(Ord. 4371, 1985)
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 Section
27.07.110 of this title for the expiration of the approval or conditional approval of a tentative map.
(Ord. 4371, 1985; Ord. 5380, 2005)
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 Section 66474.2, subject to compliance with requirements and
restrictions of the City's Development Allocation System in effect
at the time any building or grading permit is sought for the property;
however, if Section 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 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 the Advisory Agency or Appeal Board on appeal determines that any of the following exist:
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; or
2. The
condition or denial is required, in order to comply with state or
federal law.
C. The rights referred to herein shall expire if a final or parcel map is not approved prior to the expiration of the vesting tentative map as provided in Section
27.20.070. If the final or parcel map is approved, these rights shall last for the following periods of time:
1. An
initial time period of one year. 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. This initial time period 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 that a complete application is filed.
2. A
subdivider may apply to the Advisory Agency for a one-year extension
at any time before the initial time period set forth in paragraph
1 above expires. If the extension is denied, the subdivider may appeal
that denial to the City Council within 15 days subject to timely filing
with the City Clerk and payment of the required fees.
3. If
the subdivider submits a complete application for a building permit
during the periods of time specified in paragraphs 1 and 2 of this
subsection, the rights referred to herein shall continue until the
expiration of that permit, or any extension of that permit.
(Ord. 4371, 1985; Ord. 5380, 2005)
A. Whenever
a subdivider files a vesting tentative map for a subdivision whose
intended development is inconsistent with the Zoning Ordinance in
existence at that time, that inconsistency shall be noted on the map.
The Advisory Agency or Appeal Board may deny such a vesting tentative
map or approve it conditioned on the subdivider, or his or her designee,
obtaining the necessary change in the Zoning Ordinance to eliminate
the inconsistency. If the change in the Zoning Ordinance is obtained,
the approved or conditionally approved vesting tentative map shall,
notwithstanding Section 27.20.080.A, confer the vested right to proceed
with the development in substantial compliance with the change in
the Zoning Ordinance and the map, as approved.
B. The
rights conferred by this section shall be for the time periods set
forth in Section 27.20.080.C.
(Ord. 4371, 1985; Ord. 5380, 2005)
Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 27.20.080.A and Section
27.20.090 and the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. 4371, 1985; Ord. 5380, 2005)