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 and may be cited as the "vesting tentative map law."
It is the purpose of this chapter to establish the procedures necessary for the implementation of the vesting tentative map statute and to supplement the provisions of the Subdivision Map Act.
To accomplish this purpose, the regulations set forth 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.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable Specific Plan or not permitted by the zoning provisions or other applicable provisions of this Code.
(Prior code § 10-2.32)
A. 
For the purposes of this chapter, "vesting tentative map" means a tentative map for a residential subdivision, as defined in Chapter 17.04, which map shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with the provisions of this chapter and which is thereafter processed in accordance with said provisions.
B. 
All other definitions set forth in Chapter 17.04 shall be applicable.
C. 
The provisions of this chapter 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 of said sections.
D. 
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.
(Prior code § 10-2.33)
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 follows:
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 specific architectural drawings containing the information set forth in Chapter 18.44 of this code.
C. 
Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative or parcel map.
D. 
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 this chapter for the expiration of the approval or conditional approval of a tentative map.
(Prior code § 10-2.34)
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 laws, policies and standards described in Section 66474.2 of the Government Code of the state.
However, if said 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 laws, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.
B. 
Notwithstanding the provisions of subsection A of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following is determined:
1. 
That 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. 
That the condition or denial is required in order to comply with state or federal laws.
C. 
The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection D of Section 17.16.030. If the final map is approved, such 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, such initial time period shall begin for each phase when the final map for such phase is recorded;
2. 
The initial time period set forth in subdivision 1 of this subsection 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 thirty days after the date a complete application is filed;
3. 
A subdivider may apply for a one year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal such denial to the council within fifteen days; and
4. 
If the subdivider submits a complete application for a building permit during the periods of time set forth in subdivisions 1 through 3 of this subsection, the rights referred to in this section shall continue until the expiration of such permit or any extension of such permit.
(Prior code § 10-2.35)
A. 
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at that time, such inconsistency shall be noted on the map. The city 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 provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the approved or conditionally approved vesting tentative map, notwithstanding the provisions of subsection A of Section 17.16.040, shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning provisions and the map as approved.
B. 
The rights conferred by this section shall be for the time periods set forth in subsection C of Section 17.16.040.
(Prior code § 10-2.36)
Notwithstanding any provision of Sections 17.16.010 through 17.16.050, a property owner or his or her designee may seek approvals or permits for developments which depart from the laws, policies and standards described in subsection A of Section 17.16.040 and subsection A of Section 17.16.050, and local agencies may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.
(Prior code § 10-2.37)