Chapter 17.34
VESTING TENTATIVE MAPS
Sections:
17.34.010 Citation and authority.
17.34.060 Filing and processing.
17.34.090 Vesting on approval of vesting tentative map.
17.34.100 Development inconsistent with zoning--Conditional approval.
17.34.110 Applications inconsistent with current policies.
17.34.010 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. 559 Sec. 3 (part), 1986)
17.34.020 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 provision 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. 559 Sec. 3 (part), 1986)
17.34.030 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 this code except as noted in Section 17.34.100. (Ord. 559 Sec. 3 (part), 1986)
17.34.040 Definitions.
(a) “Vesting tentative map” means a “tentative map” for a residential subdivision, as defined in this title that shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with Section 17.34.060 and is thereafter processed in accordance with the provisions hereof.
(b) All other definitions set forth in this title are applicable. (Ord. 559 Sec. 3 (part), 1986)
17.34.050 Application.
(a) This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, 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. 559 Sec. 3 (part), 1986)
17.34.060 Filing and processing.
(a) 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:
(1) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “vesting tentative map.”
(2) At the time a vesting tentative map is filed a subdivider shall also supply the information required to process subsequent discretionary and administrative permits as determined by the director of planning. Such information shall include but not be limited to:
(A) Completion of required application forms;
(B) Required environmental studies or assessments;
(C) Title reports;
(D) Fees;
(E) Public hearing ownership lists and maps;
(F) Market studies, design studies, evidence of capability to proceed with the completion of the project;
(G) Plan identifying proposed and existing structures (including their use, dimensions, setbacks, construction type, height, area and modification to existing improvements);
(H) Existing and proposed public improvements (and private streets and utilities and easements), including dimensioning of existing and proposed improvements--sewer, water, drainage, roads, gas, power, telephone, cable, etc.;
(I) Parking and loading improvements, including dimensioned location, size and number;
(J) Landscaping and irrigation concepts, including a schedule of types, sizes, location and number;
(K) Refuse storage;
(L) Signs;
(M) Lot lines, dimensions and restrictions against the site;
(N) Location water courses or areas subject to flooding;
(O) Detailed grading plans;
(P) Geological studies;
(Q) Architectural plans;
(R) Plans may also be required which are normally submitted during building and grading permit development stages;
(S) Other information and plans at a scale and graphic manner as determined by the planning director.
(b) A vesting tentative map shall be filed subsequent to or simultaneous with discretionary land use approvals required in order to obtain building and grading permits. (Ord. 559 Sec. 3 (part), 1986)
17.34.070 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map or other fees as may be established by city council resolution. (Ord. 559 Sec. 3 (part), 1986)
17.34.080 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 this title for the expiration of the approval or conditional approval of a tentative map. (Ord. 559 Sec. 3 (part), 1986)
17.34.090 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 the Government Code Section 66474.2 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.
The amount of the fees prescribed by said ordinances, policies and standards shall be determined at the time of building permit issuance.
(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 in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 17.34.080. If the final 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 for that phase is recorded.
(2) The initial time period set forth in subsection (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 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 (c) (1) expires. Said extension request may be approved by the city council, provided no substantial changes in circumstances have occurred.
(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c) (1) through (c) (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 559 Sec. 3 (part), 1986)
17.34.100 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 17.34.90(a), 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 17.34.090(c). (Ord. 559 Sec. 3 (part), 1986)
17.34.110 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 Section 17.34.090(a) and 17.34.100 and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 559 Sec. 3 (part), 1986)