The purpose of this chapter is to regulate and control the subdivision of land by a vesting tentative map as defined in Section 66424.5(b) and as explained in Chapter 4.5, commencing with Section 66498.1, of the Subdivision Map Act.
(Ord. 2198 § 2, 1993)
A. 
Residential Developments.
1. 
Whenever a provision of this Title requires the filing of a tentative tract map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions provided for in this chapter.
2. 
The tentative map shall have printed conspicuously on its face the words vesting tentative map at the time it is filed in accordance with Section 16.06.060 of this chapter and shall thereafter be processed in accordance with the provisions of this chapter.
3. 
All other provisions of this Title shall apply to the vesting tentative map ordinances except as set forth or modified by this chapter.
(Ord. 2198 § 2, 1993)
If a subdivider does not seek the rights conferred by the vesting 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.
(Ord. 2198 § 2, 1993)
"Vesting tentative map"
means a tentative tract or parcel map which shall convey a vested right to develop pursuant to the provisions of this chapter.
"Development"
means the uses to which the land which is the subject of the map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.
All other definitions set forth in this Title shall apply.
(Ord. 2198 § 2, 1993)
A. 
When the city approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved. Regular applications and routine changes in fees, charges and assessments for processing, filing, inspections and other city development costs shall be excluded from such vesting and all such fees and charges which are in effect at the time of filing of final map or issuance of building permits shall apply.
B. 
In determining whether to approve or disapprove an application for a vesting tentative map, the city shall apply only those ordinances, policies and standards in effect at the date the city determines the application to be complete. However, if the city has formally initiated proceedings by way of ordinance or resolution and published notice of a public hearing for such ordinance or resolution, to amend applicable General or Specific Plans, or zoning or subdivision ordinances before it has received the complete application, the city may apply any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in the process on the date the city approves or disapproves the vesting tentative map.
C. 
If the subdivider requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the subdivider's request shall apply.
(Ord. 2198 § 2, 1993)
A. 
Terms. Conditions and Concurrent Approvals. General. All other discretionary approvals, as determined by the director of planning and building, such as conditional use permit, site plan, planned development, etc., that may be required by the project shall occur prior to, or simultaneously with, map approval at a duly noticed public hearing before the planning commission, or city council on appeal, except as provided in Section 16.06.080 of this chapter.
B. 
Filing and Processing. A vesting tentative tract map or vesting tentative parcel map shall be filed in the same form and have the same contents, data and accompanying reports, and shall be processed in the same manner as set forth in Chapter 16.04 of this Title, except as may be set forth in this chapter.
C. 
Preparation. In addition to all the criteria as set forth in Chapter 16.04 of this Title for processing a tentative tract or parcel map, the following requirements shall also apply to vesting tentative maps:
1. 
The map shall have the words vesting tentative map boldly printed conspicuously across its face in letters one-half inch minimum in height.
2. 
Details required to be submitted for review with the vesting tentative map may include but not be limited to:
a. 
Height, size and locations of all structures;
b. 
Sewer, water, storm drain and road details;
c. 
Information on building use;
d. 
Detailed grading plans, including means of complying with National Pollution Discharge Elimination System requirements utilizing Best Management Practices (BMP) technology;
e. 
Geological studies/soils test/hydrology;
f. 
Flood control information;
g. 
Architectural renderings;
h. 
Traffic impact studies;
i. 
Noise impact studies;
j. 
Recreational needs analysis.
3. 
It shall be the determination of the director of planning and building and the city engineer as to which items shall be required. All the above-referenced criteria shall be fulfilled to the satisfaction of the director and/or city engineer as applicable.
(Ord. 2198 § 2, 1993)
A. 
Time Limit of Filing. Within a period of twenty-four months after the date upon which the planning commission or city council granted its approval or conditional approval of a vesting tentative map, the subdivider may cause the map to be surveyed and a final map to be prepared and recorded, as provided in this chapter, in substantial compliance with the vesting tentative map as approved.
B. 
Limitations of Approval of the Vesting Tentative Map.
1. 
The approval or conditional approval of a vesting tentative map shall be valid for a period of twenty-four months after the date upon which the planning commission or the city council, whichever is applicable, granted approval or conditional approval of the map.
2. 
Upon written application, filed with the director of planning and building within the twenty-four month period following approval or conditional approval of the subdivision, extension beyond the twenty-four month period may be granted by the planning commission. The sum of all such extensions shall not exceed a total of thirty-six months. If the request for extension is denied, then the applicant or owner may appeal to the city council within fifteen days.
C. 
Limitations of Approval after the Vesting Map is Recorded.
1. 
If the final vesting map is recorded within the time limits set forth in this section, the rights established by the vested map shall last for an initial time period of one year.
2. 
The developer will have one year after the recording of the final vesting map to apply for a building permit, and the planning commission may extend that for one additional year to a total of two years.
3. 
The developer may apply for a one year extension at any time before the expiration of the initial time period set forth in subsection (C)(1) of this section. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen days.
4. 
If the developer files a complete application for a building permit within the time limits stated in this subsection, the rights to that building permit shall continue through the life of the permit, including any extensions that the planning commission grants to it.
D. 
Expiration of Rights. If the developer allows any one of the time periods stipulated in subsections B and C of this section to expire, the vesting rights shall also expire and the developer is then treated the same as if no vesting rights were accorded the map.
E. 
Denials. Notwithstanding Section 16.06.050 of this chapter, the city may condition or deny any permit, approval, extension or entitlement if it determines any of the following:
1. 
A failure to do so would place the occupants 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.
F. 
Time Extension for Processing. The initial time period set forth in subsection (C)(1) of this section shall automatically be extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days, from the date a complete application is filed.
G. 
Phasing. Where several final vesting 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 vesting map for the phase is recorded.
H. 
Moratoriums.
1. 
The time specified in subsection B of this section shall not include any period of time during which a development moratorium, imposed after approval of the vesting tentative map, is in existence; provided, however, that the length of the moratorium does not exceed five years.
2. 
Once a moratorium is terminated, the vesting tentative map shall be valid for the same period of time that was left to run on the map at the time that the moratorium was imposed. In no case shall this time be less than one hundred twenty days.
3. 
For the purposes of this chapter, a development moratorium shall include actions which regulate land use, development or the provision of services to the land which thereafter prevents, prohibits or delays the approval of a vesting tentative tract map or vesting tentative parcel map.
(Ord. 2198 § 2, 1993)
A. 
Maps which are not consistent with current zoning and/or general plan designations may be conditionally approved contingent upon concurrent application for and approval of zone change(s) and/or general plan designation(s) before the planning commission and the city council. In such cases, the planning commission's action on the map is not final but only a recommendation to the city council along with the accompanying zone change and/or general plan designation. The consistency shall be stated upon the face of the map in bold letters. If the zoning and/or general plan is approved, terms of the rights of the vesting map shall commence on the approval date of the vesting map, and the approval date of the zoning or general plan approval shall not alter this date.
B. 
Notwithstanding any provision of this chapter, a property owner or his assignee may seek approvals or permits for development which depart from the ordinances, policies and standards referenced in Section 16.06.050 of this chapter, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. 2198 § 2, 1993; Ord. 2400 § 2, 2006)
A. 
At any time prior to the expiration of the vesting tentative map pursuant to Section 16.06.070 of this chapter, the subdivider, or his assignee, may apply for an amendment to the vesting tentative map.
B. 
In order to file for an amendment, the subdivider must bear the burden of proof that a substantial change is warranted and that the amendment should be granted.
1. 
"Substantial change" includes an adverse change in any of the physical conditions within areas affected by the project including land, air, water, mineral, flora, fauna, ambient noise and objects of historic or aesthetic interest. An economic or soil change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
2. 
The substantial change, however, shall not change or lengthen the vesting period granted by Section 16.06.070 of this chapter.
(Ord. 2198 § 2, 1993)
A. 
This chapter does not enlarge, diminish or alter the types of conditions which may be imposed by the city on a development, nor in any way diminish or alter the power of any local agency to protect against a condition dangerous to the public health or safety.
B. 
The rights conferred by this chapter shall relate only to the imposition by the city of conditions or requirements created and imposed by law or ordinance. 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 any local agency the option to disregard any State or Federal laws, regulations or policies.
(Ord. 2198 § 2, 1993)