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.
(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)