Chapter 16.06
VESTING TENTATIVE MAPS
Sections:
16.06.060 Accompanying information.
16.06.080 Expiration and extension.
16.06.090 Vesting on approval.
16.06.010 Purpose.
The purpose of this chapter is to prescribe rules and procedures for the regulation of vesting tentative maps. (Ord. 05-002 § 1 (part), 2005)
16.06.020 Consistency.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the Subdivision Map Act, the general plan, any applicable specific plan, or any other provision of the San Pablo municipal code. (Ord. 05-002 § 1 (part), 2005)
16.06.030 Applicability.
A vesting tentative map may be filed pursuant to the provisions of this chapter.
A. Filing Permitted. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map for any development, a vesting tentative map may be filed instead, in accordance with the provisions in this chapter.
B. Vesting Tentative Map Not Required. 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. 05-002 § 1 (part), 2005)
16.06.040 Filing.
A vesting tentative map shall be filed in the same manner as set forth in Chapter 16.04 except as provided otherwise by this chapter. At the time a vesting tentative map is filed, it shall have “vesting tentative map” printed conspicuously on its face. (Ord. 05-002 § 1 (part), 2005)
16.06.050 Contents.
A vesting tentative map shall contain the information required by Section 16.04.030. (Ord. 05-002 § 1 (part), 2005)
16.06.060 Accompanying information.
A. Basic Information. A vesting tentative map shall be accompanied by the accompanying data or reports required in Section 16.04.040.
B. Supplemental Information. At the time a vesting map is filed, a subdivider shall also supply the following information unless waived in writing by the community development director:
1. Height, size, location and uses of all existing and proposed buildings;
2. Existing and proposed sewer, water, storm drain and road details;
3. Detailed grading plans, including soils information;
4. Flood control information, or engineer’s drainage study, as required and approved by the city engineer;
5. Plans to include roofs, materials, fences and walls, elevations, landscaping, signs and such other improvements as may be required for architectural or design review by city ordinances or regulations;
6. A traffic study approved by the city engineer;
7. Archeological, geological, seismic and soils studies as found to be necessary by the community development department;
8. An acoustical study approved by the community development department for properties requiring such study by ordinance, regulations or policies;
9. An application for rezoning the property if the proposed use or density is not permitted in the current zone; and
10. Such other information as may be requested by the community development department. (Ord. 05-002 § 1 (part), 2005)
16.06.070 Processing.
A vesting tentative map shall be processed in the same manner as a tentative map as set forth in Chapter 16.04. (Ord. 05-002 § 1 (part), 2005)
16.06.080 Expiration and extension.
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, as established for the expiration of the approval or conditional approval of a tentative map. (Ord. 05-002 § 1 (part), 2005)
16.06.090 Vesting on approval.
An approved or conditionally approved vesting tentative map shall confer rights as set forth in this section.
A. Vested Rights. 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 66498.1 of the Government Code.
B. Exceptions. Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:
1. Failure to do so would place the residents of the subdivision, the immediate community, or both in a condition dangerous to their health, safety, or both; or
2. Condition or denial is required in order to comply with state or federal law.
C. Time Periods. The vested rights referred to in this section shall expire if a final map or parcel map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.06.080. If the final map or parcel map is approved, vested rights shall continue as follows:
1. Vested rights shall remain in effect for an initial time period of one year from recordation of the final or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one year initial time period shall begin for each phase when the final map for that phase is recorded. All of the final maps must be recorded within the time period set forth in Section 16.04.070 or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded;
2. At any time prior to the expiration of the one-year time period set forth in subsection (C)(1) of this section, the subdivider may apply for a one-year extension. Requests for extension shall be submitted in writing to the planning division and shall be subject to a fee as established by the city council;
3. The one-year 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, if one is required, or for any required design or architectural review, if such processing exceeds thirty days from the date a complete application is filed;
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1), (C)(2)and (C)(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. Subsequent Conditioning. Consistent with subsection A of this section, an approved or conditionally approved vesting tentative map shall not limit the review authority from imposing reasonable conditions on subsequent required approvals or permits necessary for the development. (Ord. 05-002 § 1 (part), 2005)