Division 11.
Vesting Tentative Map. General Provisions.
25.166.82 Citation and authority.
This ordinance is enacted pursuant to the authority granted by chapter 4.5 (commencing with section 66498.1) of division 2 of title 7 of the government code of the state of California (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance.
25.166.83 Purpose and intent.
It is the purpose of this ordinance to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the subdivision map act and the subdivision ordinance. Except as otherwise set forth in the provisions of this ordinance, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.
To accomplish this purpose, the regulations outlined in this ordinance 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.
25.166.84 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 not permitted by the zoning ordinance or other applicable provisions of the city code.
25.166.85 Definitions.
(a) A “vesting tentative map” shall mean 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 in accordance with § 25.166.87, and is thereafter processed in accordance with the provisions hereof.
(b) All other definitions set forth in the subdivision ordinance are applicable.
25.166.86 Application.
(a) This ordinance shall apply to residential developments.
Whenever a provision of the subdivision map act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
(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.
25.166.87 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 hereinafter provided:
(a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “vesting tentative map.”
(b) At the time a vesting tentative map is filed a subdivider shall also supply the following information:
(1) A statement that architectural approval has been granted, or an application for architectural· approval and plans have been filed which will be concurrently processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map.
(2) A statement that the vesting tentative map is consistent with the current zoning of the land, or that an application has been filed for rezoning or prezoning the land which will be processed concurrently with the vesting tentative map. If a PUD permit or use permit is required, said permit shall be processed prior to or concurrently with the vesting tentative map.
(3) A tentative utility plan indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable t.v. and street lighting to be installed to serve the subdivision and any facilities which currently exist within the boundary of the subdivision.
(4) The height, size, location and use of all buildings to be constructed within the subdivision.
(5) Proposed grading plans of sufficient detail to obtain grading permit.
(6) Location of proposed sewer, water, storm drain and road details with appropriate calculations and master plan studies.
(7) Geotechnical analysis of the subdivision land.
(8) Soils analysis of the subdivision land.
(9) Flood plan information including the amount of flooding that may occur during a storm with a frequency of once in 100 years, and mitigation measures necessary to protect the subdivision from flooding during a storm with a frequency of once in 100 years.
(10) Wild fire prevention plan and/or noise analysis with suggested mitigation measures if required by the city’s general plan or any specific or area wide plan.
(11) Required approval letters from other agencies where applicable.
(12) Traffic studies including, but not limited to, existing and future traffic, geometries, number of lanes, level of service, and recommended pavement sections.
(13) When required by the city engineer, feasibility studies, life cycle studies, or other future impact studies.
(14) When required by the department of planning and development, an economic analysis including analysis of the market and cost/revenue analysis for the subdivision.
(15) Any other studies required because of the peculiarities of the subdivision.
All vesting tentative map submittals must be accurate and complete, and must satisfy all requirements of the department of planning and development and the department of public works. Failure to comply with the above shall be cause for rejection.
25.166.88 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by resolution of the city council for the filing and processing of a vesting tentative map.
25.166.89 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 the subdivision ordinance for the expiration of the approval or conditional approval of a tentative map.
25.166.90 Vesting on approval of vestinq tentative map.
(a) 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 section 66474.2 of the government code 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.
(b) Notwithstanding subdivision (a), 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.
(3) The condition or denial shall be required if there is a boundary shift which neither the developer nor the city has control over, and such shift would result in damages to the developer or surrounding lands.
(c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 25.166.88. If the final map is approved, these rights shall last for the following periods of time:
(1) An initial time period of one (1) year.
Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map for that phase is recorded.
(2) The initial time period set forth in (c) (1) 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.
(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in (c) (1) expires. The request for extension shall be submitted, in writing, to the secretary of the planning commission. The planning commission shall review any request for extension and submit a recommendation to the city council. An extension may be granted for a maximum period of one year.
The city council shall deny a request for extension unless it finds that changes to any city ordinances, policies, or standards that were adopted subsequent to the time of filing the vesting tentative map are not necessary to protect the public health, safety or welfare.
(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (1) - (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 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 shall deny such a vesting tentative map if the city finds the vesting tentative map to be inconsistent with the zoning of the property, or proposed zoning ordinance which is being processed concurrently with the vesting tentative map. If a change in the zoning ordinance or issuance of a PUD permit or use permit is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding § 25.166.89(a), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance, PUD or use permit and the map as approved.
(b) The rights conferred by this section shall be for the time periods set forth in §25.166.89(c).
25.166.92 Taxes, fees and charges.
Subdivider shall pay all applicable taxes, fees and charges in the amount required at the time such taxes, fees and charges. become due and payable.
25.166.93 Applications inconsistent with current policies.
Notwithstanding any provision of this ordinance, 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 § 25.166.89(a) and 25.166.90, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. No. 86-1, § 1.)