Chapter 10
VESTING TENTATIVE MAPS
Sections:
13-10.02 Filing and processing.
13-10.05 Vesting on approval of vesting tentative map.
13-10.08 Effective local, State, and federal requirements.
13-10.01 Application.
(a) Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.
(b) 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.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-10.02 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 Sections 13-4.03 and 13-4.04, 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) Additional Supporting Materials. At the time a vesting tentative map is filed, the subdivider shall supply the following information in addition to that required of other tentative maps per Chapter 13‑4:
(1) Architectural site plans and elevations showing the height, size and location of all proposed buildings, driveways, parking, landscaping, open space, and walls, and other pertinent information in sufficient detail to determine the height and square footage of each structure and its conformance with existing plans, ordinances, policies, and standards or changes in plans, ordinances, policies, and standards which have been requested by the subdivider;
(2) Information on the uses to which each structure will be put;
(3) Plans, specifications and reports for all public facilities including, but not limited to, fire access, on- and off-site sewer, water, drainage, roads and other public improvements, as required by the City Engineer;
(4) Detailed grading plans showing all existing and proposed contours and elevations, as required by the City Engineer;
(5) Complete improvement plans conforming to the provisions of Chapter 13-7; and
(6) Any additional plans, reports or studies required by the City which are, in the opinion of the Community Development Director or City Engineer, necessary to determine the compliance of any design, development, or improvement of the subdivision with plans, ordinances, policies, and standards of the City; to comply with CEQA; or to comply with any Federal or State requirement.
(c) An application for all discretionary approvals required by the project, including but not limited to site plan review, conditional use permit, planned unit development, or any other required discretionary permit.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-10.03 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by City Council for the filing and processing of a tentative map.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-10.04 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 or extension of the approval or conditional approval of a tentative map.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-10.05 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 in effect at the date the vesting tentative map application is determined complete, as described in Subdivision Map Act Section 66474.2.
However, if Section 66474.2 of the Subdivision Map Act 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.
(b) Notwithstanding subsection (a) of this section, a permit, approval, extension, or entitlement may be conditionally approved or denied upon a determination of any of the following:
(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 conferred herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time:
(1) An initial time period of one (1) year from the date of recordation of the final map. 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) of this section 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 (30) days from the date a complete application is filed;
(3) If the subdivider submits a complete application for a building permit prior to expiration of the initial time period or an extension, the rights conferred by this chapter shall continue until the expiration of the building permit, or any extension of the building permit;
(4) Consistent with Section 66498.1(e) of the Subdivision Map Act, an approved or conditionally approved vesting tentative map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, polices, and standards described in Section 66498.1(b) of the Subdivision Map Act.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-10.06 Building codes.
This chapter shall not be construed to prevent changes in Uniform Fire, Building, Plumbing, Mechanical, and Electrical Codes if those code changes do not prevent use of the property for purposes permitted at the time rights vested under this article, subject to the qualifications noted in Section 13-10.08, Effective local, State and federal requirements.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-10.07 Development fees.
This chapter does not affect the calculation or collection of any development-related fee based on an ordinance or policy in effect at the time the application for a vesting tentative map is deemed complete, where the adopted fee includes a formula for period increases based on a set formula. In that case, the amount of the fee may be increased from the date of approval of the vesting tentative map until the fee is paid, based on the applicable formula at the time the vesting tentative map was approved. Fees may additionally be increased without limit if permitted by the Map Act.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-10.08 Effective local, State, and federal requirements.
This chapter does not enlarge, diminish, or alter types of conditions which may be imposed by the City on a vesting tentative map nor in any way diminish or alter the power of the City to protect against a condition dangerous to the public health or safety.
The rights conferred by this chapter shall relate only to the imposition by the City of conditions or requirements created and imposed by the City’s ordinances. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any State or federal laws, regulations, or policies; and does not grant the City the option to disregard any State or federal laws, regulations, or policies.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)