Chapter 16.27
VESTING TENTATIVE MAPS
Sections:
16.27.040 Additional Contents.
16.27.060 Vesting on Approval of Vesting Tentative Map.
16.27.010 Application.
When a provision of the code requires the filing of a tentative tract or parcel map; the subdivider may instead file a vesting tentative map in accordance with these provisions. The filing of a vesting tentative map is at the exclusive option of the subdivider and shall not be a prerequisite to any proposed subdivision or an application for development. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.27.020 Processing.
A vesting tentative map shall be filed in the same form, possess the same contents and be processed in the same manner as a tentative tract or parcel map whichever is applicable, including, but not limited to, criteria for rejection, dedications, and the imposition of conditions, except as hereinafter provided. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.27.030 Fees Required.
The filing fees shall be in accordance with the City’s current fee schedule established by Council resolution. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.27.040 Additional Contents.
At the time a vesting tentative map is filed, it shall contain on its face in a conspicuous manner the words “Vesting Tentative Map.” The subdivider shall provide the information and documents required by the City. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.27.050 Expiration.
An approved or conditionally approved vesting tentative map for a tract shall be effective for the periods of time as specified for tentative maps. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.27.060 Vesting on Approval of Vesting Tentative Map.
A. The approval or conditional approval of a vesting tentative map by the approving authority shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code.
B. Notwithstanding the above provisions, a permit, approval, extension and/or entitlement may be made conditioned or denied if any of the following are determined by the approving authority:
1. 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
2. The condition or denial is required in order to comply with the mandates of either State or Federal law.
C. The vested rights created herein by the approval or conditional approval of a vesting tentative map shall lapse, expire and be of no force and effect if the final map, final parcel map, or grant of waiver is not approved by the Council or other entity authorized to grant approval prior to the time limits set forth. If a final map, final parcel map, or grant of waiver is approved in compliance with said section, these vested rights shall be effective for an initial period of not to exceed one (1) year thereafter. Prior to the expiration of the initial one (1) year period, the subdivider may apply for an additional one (1) year extension of the period of the vested right to the Director.
D. Where several final maps, final parcel maps, or grants of waiver are recorded on various phases of a development project covered by a single vesting tentative map, the aforesaid one (1) year time period shall run for each phase when the final map, final parcel map, or grant of waiver for that phase is recorded. The subdivider may file for a one (1) year extension as provided for in subsection (C) of this section.
E. Where a complete application for a building permit is submitted by the subdivider within the time periods set forth above, the vested rights conferred by this chapter shall continue in full force and effect until the expiration of that permit, or any valid extension of the permit which may be granted by the Director.
F. The precise amount of fees required to be paid as a condition precedent to recording a map and/or completing a development shall be the amount in effect at the time of payment of fees. (Ord. 13-8 § 4 (Exh. A), 6/11/13)