[1961 Code, § 19.37; Ord. 937]
This subchapter is enacted pursuant to the Subdivision Map Act, Cal. Gov't Code § 65498.1 et seq.
[1961 Code, § 19.38; Ord. 937]
It is the purpose of this subchapter to establish rules and satisfied for the implementation of the Vesting Tentative Map Statute. The regulations outlines in this subchapter 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.
[1961 Code, § 19.39; Ord. 937]
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, any applicable specific plan, or zoning regulation of the city.
[1961 Code, § 19.40; Ord. 937]
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
A “tentative map” or “tentative parcel map” or a “parcel map” for a residential subdivision as defined in this chapter, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with § 156.120, and is thereafter processed in accordance with the provisions of this subchapter.
[1961 Code, § 19.41; Ord. 937]
(A)
This subchapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter 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.
[1961 Code, § 19.42; Ord. 937]
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:
(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 in a form specified by the Director of Community Development unless the same is specifically waived by the Director with written justification:
(1)
Height, size and location of site improvements, buildings and architectural elevations thereof;
(2)
Sewer, water, storm drain and road detail for on-site and off-site improvements.
(3)
Information on the uses to which the buildings will be put;
(4)
Detailed grading plans;
(5)
Geological studies;
(6)
Flood control information;
(7)
Noise impact studies.
(C)
Waivers shall be documented in the record and may be overruled by the Planning Commission and City Council during the map review proceedings.
[1961 Code, § 19.43; Ord. 937]
The fees for a vesting tentative map shall be the same as for a tentative map unless otherwise specified by the city's fee schedule as adopted by resolution of the City Council.
[1961 Code, § 19.50; Ord. 937]
The approval or conditional approval of a vesting tentative map shall be two years from the date of the City Council approval. The City Council may grant up to four one year extensions. Extensions shall be requested at least 45 days from the expiration date of the vesting tentative map.
[1961 Code, § 19.45; Ord. 937]
(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 Cal. Gov't Code § 66474.2.
(1)
However, if the Cal. Gov't Code § 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.
(2)
The city may apply any ordinances, policies or standards that were formally published to amend applicable general or specific plans, subdivisions or zoning regulations prior to a vesting tentative map being received as a complete application and that are in effect on the date the city approved or disapproves the vesting tentative map.
(B)
Notwithstanding division (A) of this section a permit approval, extension or entitlement maybe made conditional or denied if any of the following are determined:
(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 § 156.122. 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. 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 this division (C)(1) above, 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 to the City Council for a one-year extension at any time before the initial time period set forth in this division (C)(1) above, expires.
(4)
If the subdivider submits a complete application for a building permit during the periods of time specified in this division (C)(1) and (3) above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(5)
The developer who applies for an amendment pursuant to Cal. Gov't Code § 66498.2 shall do so prior to the expiration of vesting rights. The city shall process the application as a modification to tentative maps as contain in this chapter. Approved modifications shall not extend the vesting period.
[1961 Code, § 19.46; Ord. 937]
(A)
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning regulations in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a testing tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning regulations to eliminate the inconsistency. If the change in the zoning regulations is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding § 156.123(A) confer the vested right to proceed with the development in substantial compliance with the change in the zoning regulations and the map, as approved.
(B)
The rights conferred by this section shall be for the time periods set forth in § 156.123(C).
[1961 Code, § 19.47; Ord. 937]
Notwithstanding any provisions of this subchapter, 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 § 156.123(A) and § 156.124 and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.