Chapter 16.17
VESTING TENTATIVE MAPS
Sections:
16.17.020 Filing and processing.
16.17.040 Consistency with zoning and general plan.
16.17.010 Authority.
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 Subdivision Map Act) and is intended to implement the provisions of that chapter. (Ord. 101 Exh. A, 1989)
16.17.020 Filing and processing.
A. Whenever this title requires the filing of a tentative map or a tentative parcel map for a residential development, the subdivider may file a vesting tentative map or vesting tentative parcel map subject to the provisions of this chapter.
B. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face, “Vesting Tentative Map.” If the map is a vesting tentative parcel map, the words “Vesting Tentative Parcel Map” shall appear conspicuously on its face.
C. In addition to the other information required by this title to be shown on, or provided with, a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel map shall show or be accompanied by the following information in a form satisfactory to the city engineer and developmental services director:
1. The height, area and location of proposed buildings;
2. Information on the uses to which the buildings will be put and general architectural renderings of the buildings;
3. Detailed lot lines and dimensions;
4. Detailed design and specifications approved by the city engineer for all public facilities, including, but not limited to, on-site and off-site sewer, water and drainage facilities; roads including final grades and alignment, and other on-site and off-site improvements;
5. Detailed geological, drainage, flood control, soils, traffic or other reports deemed necessary by the city engineer or developmental services director to permit a complete review of the design and improvements for the subdivision. The subdivider shall also submit a report analyzing the projected impacts the development will have on public facilities and services and also setting forth the time schedule for development of the property;
6. Detailed final grading plans showing existing and proposed finishing grades at a maximum of two-foot intervals; provided, the city engineer may require lesser intervals if he determines such lesser intervals to be necessary to display the proposed grading in sufficient detail to permit approval of such final grading plans;
7. Detailed landscape plans;
8. Detailed environmental information sufficient to permit assessment of all environmental effects of the project including cumulative and long term effects.
D. All vesting tentative maps, regardless of the number of lots, shall be considered by the city council.
E. All vesting tentative parcel maps shall be heard by the city council pursuant to the provisions of Chapter 16.12 SBMC.
F. The time for filing a final map for a vesting tentative map shall be extended only by operation of SBMC 16.12.110(B)(2).
G. Notwithstanding SBMC 16.24.170, the time for filing a parcel map for a vesting tentative parcel map shall not be extended. Failure to file a parcel map within the time period established by SBMC 16.24.170 shall terminate all proceedings and no final map or parcel map for all or any part of the property included within the vesting tentative map shall be filed without first processing a new map pursuant to this title.
H. A vesting tentative map or vesting tentative parcel map shall not be approved or conditionally approved unless the city council finds on the basis of the studies and reports submitted by the subdivider, that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision, will be available for the entire time that the vesting tentative map or vesting tentative parcel map is valid, plus any time during which the rights conferred by SBMC 16.17.030 exist. (Ord. 101 Exh. A, 1989)
16.17.030 Rights conferred.
A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a right to proceed with the development in substantial compliance with the ordinances, policies and standards as described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed, the approval 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 or vesting tentative parcel map was approved or conditionally approved. Any disputes as to whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the city council, and its determination with respect thereto shall be final.
B. Notwithstanding subsection A of this section, a permit or entitlement for development may be conditionally approved or denied if, at the time of the issuance of the permit or approval or entitlement, it is determined by the city council:
1. A failure to condition or deny the permit or entitlement would place the residents of the subdivision or the immediate community or both in a condition dangerous to their health or safety or both; or
2. The condition or denial is required in order to comply with state or federal law.
C. The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if:
1. A final map or parcel map is not approved prior to the expiration of the vesting tentative map or the vesting tentative parcel map;
2. The applicant has requested and the city has approved a change in the type, density, area or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved.
D. Upon the filing of a final map or parcel map for a vesting tentative map or vesting tentative parcel map, the rights conferred by subsection A of this section shall continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map, this period shall begin for each phase when the final map or parcel map for that phase is recorded.
E. The time period set forth in subsection D of this section, shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is accepted.
F. A subdivider may apply to the city council for a one-year extension of the rights conferred by subsection D of this section at any time before the time period set forth in subsection D of this section expires. An extension may be granted only if the council finds that the map still complies with the requirements of this title and all other ordinances, policies and standards in effect at the time of consideration of such extension. The city council may approve, conditionally approve or deny an extension in its sole discretion.
G. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections D through F of this section, the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.
H. Upon the expiration of the time limits specified in subsections A, D, E, F or G of this section, all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter.
I. Notwithstanding subsection A of this section, the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative map or tentative parcel map. (Ord. 101 Exh. A, 1989)
16.17.040 Consistency with zoning and general plan.
No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map or the design or improvement of the proposed development are not consistent with the applicable general or specific plans or with the applicable zoning provisions of this code. If development of the project for which a vesting tentative map or vesting tentative parcel map requires any permits or approvals pursuant to the zoning provisions of this code, those permits or approvals shall be processed concurrently with the vesting tentative map or vesting tentative parcel map. A vesting tentative map or vesting tentative parcel map shall not be approved if all other discretionary permits or approvals including, without limitation, improvement plans and final grading plans, have not been approved either prior to or concurrently with approval of the map. (Ord. 101 Exh. A, 1989)