Chapter 16.100
VESTING TENTATIVE MAP
Sections:
16.100.010 Citation and authority.
16.100.020 Purpose and intent.
16.100.060 Filing and processing.
16.100.090 Vesting on approval of vesting tentative map.
16.100.100 Applications inconsistent with current policies.
16.100.010 Citation and authority.
This 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 (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance. (Ord. 473 § 1 (part), 1992).
16.100.020 Purpose and intent.
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. 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. 473 § 1 (part), 1992).
16.100.030 Consistency.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or not permitted by the zoning ordinance or other applicable provisions of this code. (Ord. 473 § 1 (part), 1992).
16.100.040 Definitions.
As used in this chapter:
A. A “vesting tentative map” means a “tentative map” for a 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 Section 16.100.060 of this chapter, and is thereafter processed in accordance with the provisions of this chapter.
B. All other definitions set forth in the subdivision ordinance are applicable. (Ord. 473 § 1 (part), 1992).
16.100.050 Application.
A. 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. 473 § 1 (part), 1992).
16.100.060 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 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, unless waived in writing by the planning director, a subdivider shall also supply the following:
1. Twenty-five copies of the proposed vesting tentative map (including a reproducible version on eight and one-half inch by eleven inch paper), drawn to scale.
2. A statement that the vesting tentative map is consistent with the current zoning of the land, and that all discretionary land use approvals, including but not limited to general plan amendments, zoning changes and conditional use permits, have been obtained.
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 television and street lighting to be installed to serve the subdivision and any facilities which currently exist within the boundary of the subdivision.
4. A report on provisions for storm drainage, sewage disposal and public utilities along with the location and design of all storm drainage and sewage disposal facilities.
5. A written legal description of the subject area.
6. A description of all public and semi-public recreational and/or educational areas and facilities proposed to be located within the development, stating anticipated financing, development and maintenance.
7. A residential density analysis of the subject area, and the estimated population result in therefrom.
8. The height, size, location and use of all buildings to be constructed within the subdivision.
9. Typical architectural elevation and/or conceptual renderings of all structures proposed for the development.
10. If any residential dwellings are proposed to be used as sales models, an application seeking approval of that use and showing the location of the dwellings to be used as models.
11. A statement indicating the stages of development proposed for the entire development.
12. A statement indicating the provisions of an efficient, direct and convenient system of pedestrian and bicycle circulation.
13. An engineer’s report regarding the proposed grading.
14. Geotechnical analysis of the subdivision land.
15. Soils analysis of the subdivision land.
16. Flood plan information including the amount of flooding that may occur during a one-hundred year storm, and mitigation measures necessary to protect the subdivision from flooding during a one-hundred year storm.
17. Noise analysis with suggested mitigation measures.
18. Required approval letters from other responsible agencies where applicable.
19. Circulation diagram and traffic studies including, but not limited to, existing and future traffic, geometrics, number of lanes, level of service and recommended pavement sections.
20. When required by the city engineer, feasibility or other future impact studies.
21. 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 planning director, the public works director and city engineer. Failure to comply with the above shall be cause for rejection. (Ord. 473 § 1 (part), 1992).
16.100.070 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. (Ord. 473 § 1 (part), 1992).
16.100.080 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 the subdivision ordinance, and any amendments thereto, for the expiration of the approval or conditional approval of a tentative map. (Ord. 473 § 1 (part), 1992).
16.100.090 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 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 ordinance, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.
B. Notwithstanding subsection A of this section, 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 16.100.080 of this chapter. 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 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 of this section shall be automatically extended by anytime used for processing a complete application for a grading permit if such processing exceed thirty days from the date a complete application is filed.
3. A subdivider may apply for a one-year extension at anytime before the initial period set forth in subsection C1 of this section 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, or conditionally granted, for a maximum period of one year.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection C1 through C3 of this section the rights referred to in this chapter shall continue until the expiration of that permit, or any extension of that permit. (Ord. 473 § 1 (part), 1992).
16.100.100 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 Government Code Section 66498.1(b), and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law and/or city ordinances. (Ord. 473 § 1 (part), 1992).