Chapter 9.40
VESTING TENTATIVE MAP
Sections:
9.40.010 Authority and purpose.
9.40.040 Filing and processing.
9.40.050 Vesting of development rights.
9.40.060 Development inconsistent with zoning—Conditional approval.
9.40.070 Applications inconsistent with applicable ordinances, policies and standards.
9.40.080 Amendment to vesting tentative map.
9.40.090 Findings required for vesting tentative map approval.
9.40.010 Authority and purpose.
The purpose of this chapter is to establish local procedures for the implementation of Government Code Sections 66452 and 66498.1 related to vesting tentative maps. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-10.1))
9.40.020 Consistency.
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 that is not permitted by the zoning ordinance (Title 8) or other applicable provisions of this code. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-10.2))
9.40.030 Application.
Whenever a provision of the Subdivision Map Act or this title requires that a tentative map be filed, a vesting tentative map may instead be filed. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 6-95 § 1; Ord. 1-91 § 1 (8-10.3))
9.40.040 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 hereafter provided:
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” All other submittal requirements identified in the application submittal requirements for a tentative map shall be submitted.
B. To ensure that any vested development rights are granted in compliance with the ordinances, resolutions, policies and standards for the design and improvement of the subdivision, at the time a vesting tentative map is filed, the subdivider shall also supply a statement that site development review approval has been granted, or, a complete application for site development review approval and plans have been filed, in accordance with Chapter 8.104, which will be concurrently processed with the vesting tentative map within the limitations of Government Code Section 66498.8(d). (Ord. 4-16 § 1 (Exh. A) (part): Ord. 4-96 § 18: Ord. 1-91 § 1 (8-10.4))
9.40.050 Vesting of development rights.
In accordance with Government Code Section 66498.1, 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 when the vesting tentative map application was deemed complete.
A. Expiration of Vested Rights. The rights conferred by this title and Government Code Section 66498.1 shall expire if a final map or parcel map is not approved prior to the expiration of the vesting tentative map as provided in Section 9.08.130. If the final map or parcel map is timely approved, these rights shall last for an initial period of two (2) years beyond the recording of the final or parcel map.
B. Time Extensions. The initial period for vested rights may be extended as follows:
1. At any time prior to the expiration of the initial time period, the subdivider may apply for a one (1) year extension. The application shall be reviewed by the Community Development Director, who may approve, approve with conditions or deny the request. If the extension is denied by the Community Development Director, the subdivider may appeal that denial to the Planning Commission within fifteen (15) days.
2. The initial time period shall be automatically extended by processing time for a complete application for a grading permit or design or architectural review, in accordance with Government Code Section 66498.5(c).
3. If the subdivider submits a complete application for a building permit during the time extension periods above, the rights conferred by this section shall continue until the expiration of that permit, or any extension of that permit.
C. Subsequent Approvals. An approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies, or standards in effect when the vesting tentative map application was deemed complete. (Ord. 4-16 § 1 (Exh. A) (part))
9.40.060 Development inconsistent with zoning—Conditional approval.
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 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 Government Code Section 66498.1(b), 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 Section 9.40.050. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-10.8). Formerly 9.40.080)
9.40.070 Applications inconsistent with applicable ordinances, policies and standards.
Notwithstanding any provision of this title, 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 Sections 9.40.050 and 9.40.060, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 4-96 § 19: Ord. 1-91 § 1 (8-10.8). Formerly 9.40.090)
9.40.080 Amendment to vesting tentative map.
If the ordinances, policies or standards described in Section 9.40.060 are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, at any time prior to the expiration of the vesting tentative map pursuant to Section 9.08.130, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies or standards. An application shall clearly specify the changed ordinances, policies or standard for which the amendment is sought. Any approval of the amended vesting tentative map under this section shall not extend the effective periods of the vesting tentative map approval established in Section 9.08.130. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 4-96 § 20. Formerly 9.40.100)
9.40.090 Findings required for vesting tentative map approval.
The findings required to approve a vesting tentative map application shall be the same as those to approve a tentative map application with the addition of the finding that the vesting tentative map complies with the associated site development review application required by Section 9.40.040(B). (Ord. 4-16 § 1 (Exh. A) (part))