Chapter 16.22
STANDARD SUBDIVISION—VESTING TENTATIVE MAP
16.22.010 Citation and authority.
The ordinance codified in this chapter 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. (Ord. 315 § 1 (16.22.010(A)), 1985)
16.22.020 Purpose and intent.
A. 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 and the subdivision ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.
B. To accomplish this purpose, the regulations outlined 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. 315 § 1 (16.22.010(B)), 1985)
16.22.030 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 municipal code. (Ord. 315 § 1 (16.22.010(C)), 1985)
16.22.040 Definitions.
A “vesting tentative map” shall mean a “tentative map” for a residential subdivision, as defined in the State Map Act, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Section 16.22.060, and is thereafter processed in accordance with the provisions hereof. (Ord. 315 § 1 (16.22.010(D)), 1985)
16.22.050 Applicability.
A. This chapter shall apply only 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. (Ord. 315 § 1 (16.22.010(E)), 1985)
16.22.060 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 Sections 16.20.010 and 16.20.020 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 any and all information as required in Resolution No. P- -85, as approved by the Planning Commission and City Council. (Ord. 315 § 1 (16.22.020(A)), 1985)
16.22.070 Timing.
Notwithstanding the provisions of Section 16.22.060 where the property to be subdivided is zoned PD (planned unit development), no map shall be accepted for filing unless a use permit has been granted to allow development to commence in accordance with a detailed development plan, unless the subdivider agrees with the planning commission in writing to waive the time limits for approval set forth in Section 16.22.100C of this chapter and Sections 66452.1, 66452.2 and 66458 of the Government Code for the purpose of allowing concurrent processing of an application for approval of a detailed development plan and use permit, together with the application for approval of the tentative map or vesting tentative map. (Ord. 315 § 1 (16.22.020(B)), 1985)
16.22.080 Fees.
Upon filing a vested tentative map, the subdivider shall pay the fees required by city council Resolution No. 78-46 for the filing and processing of a tentative map. (Ord. 315 § 1 16.22.020(C)), 1985)
16.22.090 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. (Ord. 315 § 1 (16.22.020(D)), 1985)
16.22.100 Vesting on approval of vesting 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.
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 Section 16.22.080. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of two years (twenty-four months). Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the 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 subsection C1 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 thirty 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 subsection C1 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 subsections C1 through C3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 315 § 1 (16.22.030(A)), 1985)
16.22.110 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 shall 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 Section 16.22.100A, 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 16.22.100C. (Ord. 315 § 1 (16.22.030(B)), 1985)
16.22.120 Applications inconsistent with current policies.
Notwithstanding any provision of this chapter, 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 16.22.100 and 16.22.110, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 315 § 1 (16.22.030(C)), 1985)