This article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of the Subdivision Map Act (hereinafter referred to as the "vesting tentative map statute") and may be cited as the Davis Vesting Tentative Map Ordinance. The purpose of this article is to establish appropriate local procedures for the implementation of the vesting tentative map statute.
To accomplish this purpose, the regulations contained 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.
(Ord. 1407 § 1)
No land shall be submitted and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan of the city or which is not permitted by Chapter 40 (Zoning) or other applicable provisions of this Code.
An application for approval of a vesting tentative map pursuant to this article shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required pursuant to the applicable provisions of Chapter 18 (Housing) and Chapter 40 (Zoning) of this Code.
(Ord. 1407 § 1)
Vesting tentative map
means a "tentative map" for a subdivision, as defined in Section 36.02.010, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 36.07.050, and is thereafter processed in accordance with the provisions hereof. For purposes of this article, "vesting tentative map" includes a vesting tentative map prepared in connection with a parcel map.
All other definitions set forth in this chapter are applicable.
(Ord. 1407 § 1; Ord. 2116 § 1, 2003)
(a) 
This article shall apply to residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map for a development, a vesting tentative map may instead be filed, in accordance with the provisions of this article.
(b) 
If a subdivider does not seek the right 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.
(Ord. 1407 § 1; Ord. 2116 § 2, 2005)
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 this chapter for a tentative map except as hereinafter provided:
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
(Ord. 1407 § 1)
(a) 
Upon filing a vesting tentative maps, the subdivider shall pay all fees and/or deposits in accordance with Section 36.01.070.
(b) 
The planning or subdivision committee, as the case may be, may require as a condition of its approval that the payment by the subdivider of all development fees-required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.
(Ord. 1407 § 1)
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 Sections 36.04.110 and 36.06.060 for the expiration of the approval or conditional approval of a tentative map.
(Ord. 1407 § 1)
(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, polices and standards described in Section 66474.2 of the Subdivision Map Act. However, if 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.
(b) 
Notwithstanding subsection (a) of this section, a permit, approval, extension or entitlement may be conditioned or denied if any of the following 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.
(c) 
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 36.07.050. 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 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 one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 36.07.070 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
(2) 
The one-year initial time period set forth in subsection (c)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds thirty days from the date a complete application is filed.
(3) 
A subdivider may apply to the planning commission, in the case of final maps, or to the subdivision committee, in the case of parcel maps, for a one-year extension at any time before the initial time period set forth in subsection (c)(1) expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days in accordance with Section 36.04.120(d).
(4) 
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(d) 
Consistent with subsection (a), 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.
(Ord. 1407 § 1)
Notwithstanding any provisions of this article to the contrary, a property owner or designee may seek approvals or permits for the development which depart from the ordinances, policies and standards described in Section 36.07.080(a), and the city may grant these approvals or issue these permits to the extent that the departures are Authorized under this chapter, this Code, the general plan and other applicable law.
(Ord. 1407 § 1)