Chapter 13.70
VESTING TENTATIVE MAPS
Sections:
13.70.010 Citation and authority.
13.70.030 Conformance required.
13.70.040 Vesting tentative map defined.
13.70.050 Filing and processing.
13.70.080 Approval or conditional approval – Vested rights conferred.
13.70.090 Procedure when development inconsistent with zoning regulations.
13.70.100 Chapter provisions not exclusive.
13.70.010 Citation and authority.
The ordinance codified in this chapter is enacted pursuant to the authority granted by California Government Code Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance. [Ord. 410 § 3, 2017]
13.70.020 Purpose and intent.
(1) It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to this chapter.
(2) To accomplish this purpose, the regulations outlined 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. 410 § 3, 2017]
13.70.030 Conformance required.
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 BMC Title 14 or other applicable provisions of this code. [Ord. 410 § 3, 2017]
13.70.040 Vesting tentative map defined.
(1) As used in this chapter, “vesting tentative map” means a tentative map for a residential subdivision, as defined in Chapter 13.08 BMC, that shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with BMC 13.70.050, and is thereafter processed in accordance with the provisions of this chapter.
(2) 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. 410 § 3, 2017]
13.70.050 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.
(1) At the time a vesting tentative map is filed it shall have printed conspicuously on its face, the words “vesting tentative map.”
(2) At the time a vesting tentative map is filed a subdivider shall also supply the following information:
(a) Height, size and location of buildings;
(b) Sewer, water, storm drain and road details;
(c) Information on the uses to which the buildings will be put;
(d) Geological studies;
(e) Detailed grading plans;
(f) Flood control information;
(g) Architectural plans;
(h) Any information which may be currently required by this title.
(3) At the time of filing or prior to, a vested tentative map, the applicant must have complied with any rezone, approval or design review required and pay any required fees such as drainage fees. [Ord. 410 § 3, 2017]
13.70.060 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees as set by resolution for the filing and processing of a vesting tentative map. [Ord. 410 § 3, 2017]
13.70.070 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 this code for the expiration of the approval or conditional approval of a tentative map. [Ord. 410 § 3, 2017]
13.70.080 Approval or conditional approval – Vested rights conferred.
(1) 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 Government Code 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.
(2) Notwithstanding subsection (1) of this section, a permit approval, extension or entitlement may be made conditional or denied if any of the following are determined:
(a) 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;
(b) The condition or denial is required, in order to comply with state or federal law.
(3) 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 BMC 13.90.070. If the final map is approved, these rights shall last for the following periods of time:
(a) An initial time period of 24 months. 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 such phase is recorded;
(b) The initial time period set forth in subsection (3)(a) 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 30 days, from the date a complete application is filed;
(c) A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (3)(a) of this section expires. If the extension is denied, the subdivider may appeal that denial to city council within 15 days;
(d) If the subdivider submits a complete application for a building permit during the periods of time specified the rights referred to in this section shall continue until the expiration of that permit or any extension of that permit. [Ord. 410 § 3, 2017]
13.70.090 Procedure when development inconsistent with zoning regulations.
(1) 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 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 ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding BMC 13.70.080(1), confer the vested right to proceed with the development in substantial compliance with the change in zoning ordinance and the map, as approved.
(2) The rights conferred by this section shall be for the time periods set forth in BMC 13.70.080(3). [Ord. 410 § 3, 2017]
13.70.100 Chapter provisions not exclusive.
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 this chapter and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. [Ord. 410 § 3, 2017]