Chapter 22.25 VESTING MAPS

Chapter 22.25
VESTING MAPS

Sections:

22.25.030 Administration of vested rights.

22.25.050 Minimum requirements for filing a vesting map.

22.25.010 Limitations on vesting maps.

Whenever this title requires that a tentative subdivision map or a tentative parcel map be filed, a vesting subdivision map may instead be filed, subject, however, to the following limitations:

A. A vesting map shall not be approved unless the City Council finds it to be consistent with the adopted General Plan. Except as otherwise provided in subsection (C) of this section, a vesting map may not be filed concurrently with a General Plan amendment nor during the period a General Plan amendment for the area covered by the proposed map is in process.

B. Applications for projects which require amendments to an adopted community plan, or an adopted specific plan, or the Zoning Code, or which require discretionary approvals pursuant to the Zoning Code, including, but not limited to, special development permits, use permits, development plan reviews, exceptions, special review of parking or variances, may not include an application for a vesting map unless all needed applications for such approvals for the project are concurrently filed with the vesting map. Vesting maps may not be approved with the condition that needed plan amendments, zoning and discretionary approvals be subsequently secured.

C. Notwithstanding any other provision of this code, an application for a vesting map may be filed concurrently with an application to amend the General Plan; provided, that the area covered by the vesting map is included in the area covered by the application to amend the General Plan and is also included in either a concurrently filed or previously filed and pending application for a specific plan. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

22.25.020 Effect of approval.

The approval of a vesting tentative map by the City Council shall confer a vested right to apply for permits needed to proceed with development and have the City exercise its discretion to approve, disapprove, or approve such permits with conditions, on the basis of ordinances, policies, and standards in effect at the time the application was determined to be complete pursuant to Section 65940 of the Government Code.

A. This chapter does not enlarge, diminish, or alter the power of the City Council to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project.

B. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any State or Federal laws, regulations, or policies.

C. In the event that Section 66474.2 of the Government Code is repealed, any subsequent approvals of vested maps shall confer a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect at the time the vesting map is approved or conditionally approved, rather than at the time the application was determined to be complete.

D. Notwithstanding this chapter, the City Council or agencies thereof may condition or deny a permit, extension or entitlement, including, but not limited to, final maps and building permits, if it determines any of the following:

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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

22.25.030 Administration of vested rights.

In administering an approved vesting map, the following shall be applicable:

A. Approval of a vesting map applies only to actions considered and approved by the City Council. If the vesting map was approved with conditions, the approval is subject to those conditions. If related applications for discretionary permits were approved in conjunction with the vesting map, the approvals are subject to applicable ordinances, policies, and standards granting those entitlements, including any conditions thereon.

B. The rights conferred by approval of a vesting map shall last two (2) years from recordation of the final map.

C. When several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial “vesting period” shall begin for each phase on the date the final map for that phase is recorded.

D. Modifications that are in substantial conformance to the approved plans may be permitted upon approval of the Development Services Director. In the event the Development Services Director determines that the modifications are not in substantial conformance, the determination may be appealed by the applicant through the normal appeal procedures of this title. Alternatively, the Development Services Director may choose to refer the matter to the approval body of the vesting map for a determination. Any approved or denied modification request shall not alter the effective period or rights conferred by approval of a vesting map. [Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

22.25.040 Termination of vested rights.

Vested rights that have been conferred shall end on the occurrence of the following, whichever comes first (1st):

A. A final map is not recorded within three (3) years of approval of the vesting tentative map or, if an extension of time has been granted, within the time specified by that extension. The time allowed for recordation may be extended by a moratorium or a stay under EGMC Section 22.20.065; provided, that such moratorium or stay would have prevented a final map from being recorded during that period.

B. If a final map is recorded, the vesting rights shall end two (2) years after the date of final map recordation.

C. The expiration of a building permit, including extensions, issued pursuant to a vesting map, and issued during the time vesting rights are valid.

D. Vesting rights shall automatically be extended by any time used by a City department for processing a complete application for a grading permit or for design or architectural review, if the time used by the City exceeds thirty (30) days from the date a complete application is filed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

22.25.050 Minimum requirements for filing a vesting map.

The provisions for filing a complete application for a tentative map, as set forth in EGMC Section 22.20.010, are applicable to vesting maps; however, the requirements for filing a vesting map shall also include:

A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

B. In addition to the vesting tentative map the following items are required to be submitted as part of the vesting tentative map submittal:

1. A grading plan in conformance with the City grading ordinance and design standards. The grading plan shall contain precise grading of the entire subdivision and shall include all existing and proposed topography. The proposed topography shall include, but not be limited to, the elevations on all building pads, street grades and elevations at all lot corners;

2. Complete sanitary sewer plans accompanied by a sewer area study;

3. Complete water plans;

4. Complete storm drain plans;

5. Complete street plans;

6. Complete landscape plans;

7. Any geological studies, if required;

8. A complete drainage study. The study shall include, but not be limited to, a ten (10) year drainage study along with the one hundred (100) year drainage study. The one hundred (100) year study shall show the hydraulic grade line (HGL) at critical locations for each subdivision unit;

9. A complete site plan showing the buildings and exterior features of each lot. For single-family detached lots the site plan shall show the typical building envelopes. It shall also show all building setbacks, building heights, number of stories, driveway locations, landscaped areas and all other improvements proposed to be installed (this may be waived at the discretion of the City Engineer and/or Development Services Director);

10. Any engineering calculations and cost estimates for all improvement plans;

11. A tree preservation plan;

12. A soils report prepared by a soils engineer; and

13. Any and all other studies, reports, plans, specifications or additional information required by the City Engineer or the Development Services Director. [Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 38-2003 §3, eff. 11-1-2003]