Chapter 16.10
VESTING TENTATIVE MAPS
Sections:
16.10.030 Filing and processing of vesting tentative maps.
16.10.040 Application materials.
16.10.060 Vesting tentative map development inconsistent with zoning code.
16.10.070 Mandatory findings for denial.
16.10.080 Term of vesting tentative map.
16.10.090 Modifications to vesting tentative maps.
16.10.100 Expiration of vesting development rights.
16.10.010 Purpose.
The purpose of this chapter is to establish procedures for the review, approval and administration of vesting tentative maps in accordance with the authority granted by California Government Code Section 66498.1 et seq. (Ord. 05-1915 § 1, 2005.)
16.10.020 Applicability.
Whenever this title requires the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provisions of this chapter. (Ord. 05-1915 § 1, 2005.)
16.10.030 Filing and processing of vesting tentative maps.
A vesting tentative map shall be filed in the same form, shall have the same content, accompanying data and reports and shall be processed in the same manner described for tentative maps in Chapter 16.08 CMC, except as described in this chapter. (Ord. 05-1915 § 1, 2005.)
16.10.040 Application materials.
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” The application shall be submitted like a tentative map in accordance with CMC 16.08.070 and 16.08.080, accompanied by the following additional materials:
A. A map showing division of the land for the sale of individual property, if any;
B. Proposed off-street parking, including the location, number of stalls, dimensions, and circulation pattern;
C. Lot dimensions and all recorded easements;
D. Locations and dimensions of proposed bicycle, pedestrian, and/or equestrian paths;
E. Details on the height, size, and location of proposed buildings;
F. Architectural elevations, schematic plans, and materials board for proposed building(s);
G. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings, and other such uses;
H. Areas proposed for any other uses to be established within the subdivision;
I. Proposed location and elevations of buildings on land, including dimensions, the size of structure, height, setback, materials, and yard areas;
J. Proposed landscaping, walls, fencing, screening, trash collection areas, and usable open space areas;
K. If phasing is proposed, a construction schedule for the off-site improvements to be associated with each phase; the total number of acres in the proposed subdivision and the number and percent thereof designated for various uses; and the number of dwelling units proposed, by type of dwelling unit, for each phase;
L. A detailed grading plan showing cut/fill quantities, pad elevations, typical drainage pattern, top/toe of slope, retaining walls, with information as required by the city engineer; and
M. Such additional information as may be required by the chief planning official and/or city engineer. (Ord. 05-1915 § 1, 2005.)
16.10.050 Development rights.
A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with this code, and the policies and standards described in California Government Code Section 66474.2. However, if any provision of this code or California 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 provisions of this code and any other ordinances, policies, and standards in effect at the time the vesting tentative map was approved or conditionally approved.
B. The above notwithstanding, a permit, approval, extension, or entitlement may be made conditional or may be denied if any of the following are determined:
1. 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(s) or denial is required in order to comply with state or federal law.
C. The provisions of this section shall not:
1. Limit the city from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subsection (A) of this section.
2. Diminish or alter the types of conditions which may be imposed by the city on a development or the city’s power to protect against a condition dangerous to the public health or safety. (Ord. 05-1915 § 1, 2005.)
16.10.060 Vesting tentative map development inconsistent with zoning code.
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with any provision of the zoning code in existence at that time, that inconsistency shall be noted on the vesting tentative map. The city may deny such a vesting tentative map or approve it conditioned upon the subdivider obtaining the necessary change in the zoning code to eliminate the inconsistency. If the change in the zoning code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding CMC 16.10.050, confer the vested right to proceed with the development in substantial compliance with the change in the zoning code and the vesting tentative map, as approved. (Ord. 05-1915 § 1, 2005.)
16.10.070 Mandatory findings for denial.
A vesting tentative map shall be denied by the city if any of the findings listed in CMC 16.08.140 can be made. (Ord. 05-1915 § 1, 2005.)
16.10.080 Term of vesting tentative map.
A. The approval or conditional approval of a vesting tentative map by the city shall expire 24 months after such approval. Not more than 60 calendar days before the expiration of the vesting tentative map, the subdivider may apply for an extension of time not to exceed 12 months in the same manner as provided in CMC 16.08.160(A) for tentative maps. The planning commission may also approve a maximum of five one-year time extensions, each extension not to exceed 12 months, but may not impose additional conditions of approval. However, the planning commission may deny any extension if it makes a finding that:
1. The extension will adversely affect the public health, safety or welfare;
2. The map fails to comply with state or federal law;
3. That any of the findings set forth in CMC 16.08.140 can be made.
B. If a final map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final map area shall last for the periods listed below:
1. An initial time period of one year following recordation of the final map. Where several final maps are recorded on phases of a project covered by a single vesting tentative map, the one-year time period for each final map shall begin on the date of recordation of that final map.
2. The initial time period set forth in subsection (B)(1) of this section shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days; provided, however, that such extension shall only be for the number of days in excess of 30 days.
3. If, during the 24-month period following approval of a final map, the city receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the vesting tentative map shall continue until the expiration of the building permit. (Ord. 05-1915 § 1, 2005.)
16.10.090 Modifications to vesting tentative maps.
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. Any application involving a modification to the vesting tentative map or by the development related thereto shall be processed in accordance with the procedures set forth for the modification of tentative maps in CMC 16.08.170. Approval of a modification to a vesting tentative map or development related thereto shall be evaluated for compliance with the city regulations, standards, and policies in effect at the time the request for modification is deemed complete. (Ord. 05-1915 § 1, 2005.)
16.10.100 Expiration of vesting development rights.
The rights referred to herein shall expire if a final map is not filed for approval prior to the expiration of the vesting tentative map as provided in CMC 16.10.080. (Ord. 05-1915 § 1, 2005.)