This chapter 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 ordinance). The purpose of this chapter is to establish appropriate local procedures for the implementation of the vesting tentative map ordinance.
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. 808 (part), 2001)
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan, codes, ordinances, or resolutions of the city.
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 discretionary city approvals for the development that are required.
(Ord. 808 (part), 2001)
A. 
A "vesting tentative map"
means a "tentative map" for a residential subdivision, as defined in Section 16.04.010, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.14.050, and is thereafter processed in accordance with the provisions hereof. For purposes of this article, "vesting tentative map" shall include a vesting tentative map prepared in connection with a parcel map.
B. 
All other definitions set forth in this title are applicable.
(Ord. 808 (part), 2001)
A. 
The ordinance codified in this title shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.
B. 
If a subdivider does not seek the rights conferred by the vesting tentative map ordinance, 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. 808 (part), 2001)
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 title for a tentative map 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. 808 (part), 2001)
A. 
Upon filing a vesting tentative map, the subdivider shall pay all fees and/or deposits in accordance with Section 16.02.070.
B. 
The planning commission or city council, 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. 808 (part), 2001)
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 16.08.110 and 16.12.090 for the expiration of the approval or conditional approval of a tentative map.
(Ord. 808 (part), 2001)
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 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 16.14.070. 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 such final maps or parcel maps must be recorded within the time period set forth in Section 16.14.070 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) 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 for a 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 16.08.120(D);
4. 
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) – (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. 808 (part), 2001)
Notwithstanding any provisions of this chapter to the contrary, 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 16.14.080(A), and the city may grant these approvals or issue these permits to the extent that the departures are authorized under this title, this code, and the general plan and other applicable law.
(Ord. 808 (part), 2001)