The regulations outlined in this Article are determined to be necessary for the preservation of the public health, safety and general welfare, and for 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 Ordinance or other applicable provisions of this Code.
(A) 
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, 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.
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) 
Prior to the time a vesting tentative map is filed, a subdivider shall have obtained from the City of San Juan Bautista all applicable permits for prezoning, rezoning, planned development rezoning, site development review, variance, conditional use permit, or similar planning and land use entitlement.
(B) 
At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
(C) 
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.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by the schedule adopted by resolution of the City Council for the filing and processing of a vesting tentative map.
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.
(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 Government Code Section 66474.2. However, if Section 66474.2 of the Government Code 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 made conditional 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 SJBMC 10-2-1325. If the final map is approved, these rights shall last for the following period of time:
(1) 
An initial time period of one (1) year (twelve (12) months) beyond the recordation date 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 subsection (C)(1) of this Section 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 (30) days, from the date a complete application is filed.
(3) 
A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in subsection (C)(1) of this Section expires. If the extension is denied by the Planning Commission, the subdivider may appeal that denial to the City Council within fifteen (15) days.
(4) 
If the subdivider submits a complete application for a building permit during the period of time specific in subsections (C)(1) through (C)(3) of this Section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(A) 
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City shall 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 ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved, or conditionally approved, vesting tentative map shall, notwithstanding SJBMC 10-2-1330(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
(B) 
The rights conferred by this Section shall be for the time periods set forth in SJBMC 10-2-1330(C).
Notwithstanding any provision of this Chapter, 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 SJBMC 10-2-1330(A) and 10-2-1335, and local agencies may grant these approvals or issue these permits to the extent that the departure are authorized under applicable law.