Chapter 16.16
VESTING TENTATIVE MAPS
Sections:
16.16.020 Application requirements.
16.16.030 Application review process.
16.16.040 Acceptance or rejection of filing.
16.16.050 Review by planning officer.
16.16.060 Review by planning commission.
16.16.070 Approval or disapproval by city council.
Prior legislation: Ords. 82-1, 86-07, 90-12 and 04-05 and prior code § 9-5(A) through (F)(12).
16.16.010 Purpose.
A. Investigation of Subdivision. The purpose of the vesting tentative map is to provide thorough investigation of a proposed subdivision by the planning officer, other agencies both within the city and outside the city, the planning commission, and the city council. Approval or conditional approval of a vesting tentative map enables a subdivider creating four or fewer parcels to apply for a parcel map and a subdivider creating five or more parcels to apply for a final map.
B. Development Entitlement. Vesting tentative maps differ from tentative maps in that their approval confers upon the subdivider a vested right to proceed with development as approved. Their approval or conditional approval entitles the subdivider to proceed with development subject to the requirements of the vesting tentative map, prior to receiving a parcel or final map from the city council. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.
C. Rights Under the Subdivision Map Act. If a subdivider does not seek the rights conferred by Chapter 4.5 of the Subdivision Map Act (commencing with Section 66498.1 of the Subdivision Map Act), 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.
D. Exclusion. Condominium projects are excluded from this section. (Ord. 08-05 § 1, 2008)
16.16.020 Application requirements.
A. Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or master plans and any applicable specific plan or which is not permitted by the zoning ordinance or other applicable provisions of any ordinances or of this code.
B. Same Form and Contents as Tentative Map. 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 provided in this chapter.
C. Differentiation from Tentative Map. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
D. Building Plans. At the time a vesting tentative map is filed, a subdivider shall also supply information related to buildings and interior streets, including utility systems if applicable, shown on such vesting tentative map as required by the planning officer.
E. Consistency with Zoning. The subdivider shall clearly indicate on maps submitted any inconsistencies with zoning that may exist.
F. Fee. At the time of filing of the vesting tentative map, the subdivider shall pay the vesting tentative map fee as set forth in the current city fee schedule. (Ord. 08-05 § 1, 2008)
16.16.030 Application review process.
The review process for vesting tentative maps is the same as that shown in HMC 16.12.030, except for the differences in city council approval or disapproval described in HMC 16.16.070. (Ord. 08-05 § 1, 2008)
16.16.040 Acceptance or rejection of filing.
The planning officer shall determine whether the tentative map has been accepted for filing through the process described in HMC 16.12.040. (Ord. 08-05 § 1, 2008)
16.16.050 Review by planning officer.
The planning officer review shall follow the same process as that described in HMC 16.12.050. (Ord. 08-05 § 1, 2008)
16.16.060 Review by planning commission.
The planning commission review shall follow the same process as that described in HMC 16.12.060. (Ord. 08-05 § 1, 2008)
16.16.070 Approval or disapproval by city council.
The city council shall approve, conditionally approve, or disapprove the map through the process described in HMC 16.12.070, except for the following:
A. Vesting. 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 Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 of the Subdivision Map Act 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. Conditions or Denial. Notwithstanding subsection A of this section, approval of a vesting tentative map shall 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 the state or federal law; or
3. The vesting tentative map is inconsistent with zoning. The city council may 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 subsection A of this section, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
C. Expiration. The rights referred to in this section shall expire if a final map or parcel map is not approved prior to the end of the same time period, subject to the same extensions established by this title for the expiration of the approval or conditional approval of a tentative map as provided in HMC 16.12.070. If the final map or parcel map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map or parcel map for that phase is recorded.
2. The initial time period set forth in subsection (C)(1) of this section 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 to the planning officer for a one-year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council, as described in HMC 16.04.120, within 15 days.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1), (2) and (3) of this section, the rights referred to in this section shall continue until the expiration of that permit or any extension of that permit.
D. Inconsistency with zoning.
E. Timing. The rights conferred by this section shall be for the time periods set forth in subsection A of this section.
F. Approvals and Permits. 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 this section, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 08-05 § 1, 2008)
16.16.080 Appeals process.
The appeals process for the decision of the city council shall be as described in HMC 16.04.120. (Ord. 08-05 § 1, 2008)
16.16.090 Filing process.
The city shall file all documentation required by the California Environmental Quality Act. (Ord. 08-05 § 1, 2008)