Chapter 16.28
VESTING TENTATIVE MAPS
Sections:
16.28.010 Authority and purpose.
16.28.030 Filing and processing.
16.28.060 Rights of vesting tentative map.
16.28.070 Amendment to approved vesting tentative map.
16.28.080 Development inconsistent with zoning.
16.28.090 Applications inconsistent with current policies.
16.28.010 Authority and purpose.
The purpose of this chapter, enacted pursuant to the authority granted by Chapter 4.5 of the Subdivision Map Act (the Vesting Tentative Map Statute) is to establish appropriate local procedures for the implementation of this statute. To accomplish this purpose, the regulations contained 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. (Ord. 86-6, 1986).
16.28.020 Application.
A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a 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 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. 88-8 N.S. § 4, 1988; Ord. 86-6, 1986).
16.28.030 Filing and processing.
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 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, the subdivider shall also provide the following additional information regarding the project:
1. A master plan in accordance with the requirements of BMC 17.68.060;
2. An economic analysis for the subdivision, including a cost-revenue analysis;
3. Any other studies deemed necessary due to the particular nature of the subdivision. (Ord. 88-8 N.S. § 5, 1988; Ord. 86-6, 1986).
16.28.040 Fees.
A. Upon filing a vesting tentative map, the subdivider shall pay all required fees and/or deposits for checking and processing maps, plans and reports as established by city council resolution.
B. The amount of all other fees required by this title for the development may be determined at the time an application for the building permit is made. (Ord. 17-10 § 20; Ord. 86-6, 1986).
16.28.050 Expiration.
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 BMC 16.16.100 and 16.24.070 for the expiration of the approval or conditional approval of a tentative map. (Ord. 88-8 N.S. § 6, 1988; Ord. 86-6, 1986).
16.28.060 Rights of vesting 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 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 BMC 16.28.050. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of two years 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 two-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 BMC 16.28.050 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
2. The two-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 or for any required 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, in the case of final maps, or to the planning commission, 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) of this section expires. If a parcel map extension is denied by the planning commission, the subdivider may appeal that denial to the city council in accordance with Chapter 1.44 BMC.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (C)(3) of this section, the rights referred to herein shall continue until the expiration of the permit, or any extension of that permit. (Ord. 07-54 § 1; Ord. 88-8 N.S. §§ 7, 8, 9, 10, 1988; Ord. 86-6, 1986).
16.28.070 Amendment to approved vesting tentative map.
Amendments to the approved or conditionally approved vesting tentative map shall be made in accord with BMC 16.16.120 or 16.24.080, as the case may be. (Ord. 88-8 N.S. § 11, 1988; Ord. 86-6, 1986).
16.28.080 Development inconsistent with zoning.
A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with BMC Title 17, Zoning, that 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 title to eliminate the inconsistency. If the change in zoning is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding BMC 16.28.060(A), confer a vested right to proceed with the development in substantial compliance with the change in zoning, as approved.
B. The rights conferred by this section shall be for the time periods set forth in BMC 16.28.060(C). (Ord. 86-6, 1986).
16.28.090 Applications inconsistent with current policies.
Notwithstanding any provision 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 BMC 16.28.060(A) and 16.28.080, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 86-6, 1986).