Chapter 17.44
VESTING TENTATIVE MAP
Sections:
17.44.050 Filing and processing.
17.44.090 Vesting on approval of vesting tentative map.
17.44.100 Applications inconsistent with ordinances, policies and standards.
17.44.110 Amendment to vesting tentative map.
17.44.010 Authority.
This chapter is enacted pursuant to the provisions of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code, State of California (“Vesting Tentative Map Statute”). (Ord. 648 § 1 (part), 1986)
17.44.020 Purpose and intent.
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 (Government Code § 66410 et seq.) and the subdivision ordinance of the city (“subdivision ordinance”).
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. (Ord. 648 § 1 (part), 1986)
17.44.030 Definitions.
(a) A “vesting tentative map” means a “tentative map” for a residential subdivision, as defined in the subdivision ordinance, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed.
(b) All other definitions set forth in the subdivision ordinance are applicable herein. (Ord. 648 § 1 (part), 1986)
17.44.040 Scope.
(a) This chapter shall apply only to residential developments. Whenever a provision of the subdivision ordinance requires the filing of a tentative map or parcel 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 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. 648 § 1 (part), 1986)
17.44.050 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 the subdivision ordinance for a tentative map except as provided below:
(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) Architectural plans setting forth the exterior design, materials to be used, elevations, and size of the buildings;
(B) Location of buildings;
(C) Landscape and irrigation plans indicating all plant materials, automatic irrigation systems, lighting, walls and fences;
(D) Soils engineering report regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures when necessary, and opinion and recommendations covering adequacy of the sites to be developed by the proposed grading. The report shall also discuss expansion of the soils and the recommended measures for foundations and slabs on grade to resist volumatic changes in soil. If a public sewer system will not be used, a detailed engineering data and test report including a percolation test setting forth soil porosity and groundwater level, and recommending procedures and design criteria for private sewage disposal shall also be provided;
(E) Engineering geology report setting forth an adequate description of the geology of the site. The report shall include conclusions and recommendations regarding the effect of geologic conditions of the proposed development, and opinions and recommendations covering the adequacy of the site to be developed by the proposed grading;
(F) Hydrology study and drainage plan to provide drainage facilities to carry runoff of stormwaters in the proposed development and contributory drainage from adjoining properties;
(G) Water plan;
(H) Sewer plan setting forth the sewage disposal system;
(I) A detailed grading plan setting forth the nature and extent of the work proposed;
(3) The director of community development may waive any of the foregoing requirements when, in his discretion, any such requirement is not necessary due to the nature of the proposed subdivision of land, or other circumstances justify such waiver. (Ord. 770 § 1 (part), 1996; Ord. 648 § 1 (part), 1986)
17.44.060 Concurrent review.
Concurrent with the filing of a vesting tentative map, the subdivider shall file all diagrams, data and reports necessary for precise plan review or a conditional use permit if required for the proposed development by any other law. Precise plan review or conditional use permit approval shall be processed concurrently with a vesting tentative map. (Ord. 648 § 1 (part), 1986)
17.44.070 Fees.
Upon filing a vesting tentative map, the subdivider shall deposit an amount sufficient to cover all required city filing fees as established by an adopted fee schedule which may be amended by resolution by the city council periodically. (Ord. 648 § 1 (part), 1986)
17.44.080 Expiration.
The approval or conditional approval of a vesting tentative map shall expire twenty-four months from the date of the council action. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved vesting tentative map, the time at which the map expires may be extended by the planning commission for a period or periods not exceeding a total of three years. The maximum extension granted by the planning commission for each application shall be twelve months. If the planning commission denies a subdivider’s application for extension, the subdivider may appeal to the city council within fifteen days after the planning commission’s decision. (Ord. 648 § 1 (part), 1986)
17.44.090 Vesting on approval of vesting tentative map.
(a) The approval or conditional approval of a vesting tentative map shall confer a vested right in the subdivider, or his or her assignees, 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 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 vested rights referred to in subsection (a) of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 17.44.080. If the final map is approved, the vested rights conferred by this chapter shall be subject to the following periods of time:
(1) An initial time period of two years. 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 subdivision (1) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit 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 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 that denial to the city council within fifteen days;
(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) through (3) of this subsection, the vested rights conferred by this chapter shall continue until the expiration of that permit, or any extension of that permit. (Ord. 648 § 1 (part), 1986)
17.44.100 Applications inconsistent with ordinances, policies and standards.
Notwithstanding any provision of this chapter, a subdivider, or his or her assignees, may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsection (a) of Section 17.44.090 and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 648 § 1 (part), 1986)
17.44.110 Amendment to vesting tentative map.
(a) Any time prior to the expiration of a vesting tentative map as provided by Section 17.44.090, the subdivider, or his or her assignees, may apply for an amendment to the vesting tentative map.
(b) The vesting tentative map may be amended if:
(1) There are changes in circumstances which make any or all of the conditions of the vesting tentative map no longer appropriate or necessary;
(2) The modifications do not impose any additional burden on the present fee owner of the property;
(3) The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and
(4) The maps as modified conforms to the provisions of Government Code Section 66474.
(c) The procedure for processing any proposed amendment to a vesting tentative map shall be as follows:
(1) A public hearing on the proposed amendment shall be held before the planning commission. The public hearing shall be set as provided for in Government Code Section 66451.3. At the public hearing on the proposed amendment, the planning commission shall consider only the proposed modification;
(2) The planning commission may deny, approve, or approve subject to conditions the proposed amendment. The planning commission shall act only on the proposed amendment;
(3) A certificate of correction or amending map conforming to the approved or conditionally approved amendment shall be filed with the city council for approval. The city council shall approve the certificate of correction or amending map if it conforms to all requirements of the Subdivision Map Act, including, but not limited to, Section 66470 of the Government Code and this section, if no appeal has been filed, and if all conditions of approval have been fulfilled.
(d) Any interested person may appeal any decision of the planning commission made pursuant to this section to the city council pursuant to the provisions of Section 66452.5 of the Government Code. (Ord. 648 § 1 (part), 1986)