Chapter 20.17 — VESTING TENTATIVE MAPS

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. 9788 § 6, 1986)

• A. Whenever this title requires the filing of a tentative map or a tentative parcel map 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 or vesting tentative parcel map is filed, it shall have printed conspicuously on its face, "Vesting Tentative Map" or "Vesting Tentative Parcel Map," whichever is applicable."

• (Ord. 9788 § 6, 1986; Ord. 9806 § 8, 1986; Ord. NS-676 § 14, 2003; Ord. NS-710 § 1, 2004; Ord. CS-155 § 2, 2011)

• A. The processing of vesting tentative maps shall be consistent with the processing of tentative maps per Chapter 20.12.

• B. The processing of vesting parcel maps shall be consistent with the processing of tentative parcel maps per Chapter 20.24.

• (Ord. CS-155 § 3, 2011)

• A. A vesting tentative map or vesting tentative parcel map shall expire consistent with the provisions contained in this title for tentative maps and tentative parcel maps, whichever is applicable. The vesting tentative map or vesting tentative parcel map shall be subject to the same regulations regarding time extensions as provided in this title for extensions of tentative maps or tentative parcel maps, whichever is applicable. All related city permits or approvals for projects including a vesting tentative map or vesting tentative parcel map shall expire on the same day as the vesting tentative map or vesting tentative parcel map expires.

• B. The expiration of an approved or conditionally approved vesting tentative map or vesting tentative parcel shall terminate all proceedings consistent with the provisions contained in this title for tentative maps and tentative parcel maps, whichever is appropriate.

• (Ord. CS-155 § 4, 2011)

• A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel 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 application is deemed complete,

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City of Carlsbad, CA § 20.17.030

CARLSBAD CODE

§ 20.17.030

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 regarding 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 decision-making authority which approved the vesting tentative map or vesting tentative parcel map, in accordance with Sections 20.12.090 and 20.24.120.

• B. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement for development may be conditionally approved or denied if the decision-making authority determines:

  1. A failure to condition or deny the permit, approval, extension or entitlement would place the residents of the subdivision or of 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 a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved.

• D. If the final map or parcel map is approved prior to the expiration of the vesting tentative map or vesting tentative parcel map, the vested rights conferred by subsection A of this section shall last as follows:

  1. The vested rights shall last for an initial time period of two years from the recording of the final map or parcel map. 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 the two-year initial period shall begin for each phase when the final map or parcel map for that phase is recorded.

  2. The two-year initial time period 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 30 days from the date a complete application is accepted.

3. A subdivider may apply to the decision-making authority for a one-year extension of the vested rights at any time before the initial two-year time period expires. An extension may be granted only if the decision-making authority finds that the map still complies with the requirements of this title. The decision-making authority may approve, conditionally approve or deny an extension in its sole discretion, subject to appeal in accordance with Chapter 20.12 or 20.24.

   4. If the subdivider submits a complete application for a building permit during the

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.17.030

§ 20.17.040

periods of time set forth in paragraphs 1 through 3 of this subsection, the vested rights shall continue until the expiration of that building permit or any extension of that building permit.

• E. Upon the expiration of the time limits specified in subsections A and D, all vested rights conferred by this section shall cease, and the project shall be considered the same as any subdivision which was not processed pursuant to this chapter.

• F. Notwithstanding subsection A, 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 vesting tentative parcel map.

• (Ord. 9788 § 6, 1986; Ord. CS-155 § 4, 2011; Ord. CS-192 § 18, 2012)

If the ordinances, policies, or standards described in Section 20.17.030(A) change subsequent to the approval or conditional approval of a vesting tentative map or vesting tentative parcel map, the subdivider, or assignee, may apply for an amendment to the vesting tentative map or vesting tentative parcel map to secure a vested right to proceed with the changed ordinances, policies, or standards. The application shall be made prior to the expiration of the vesting tentative map or vesting tentative parcel map pursuant to Section 20.17.028(A) and shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought. (Ord. CS-155 § 6, 11)

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, specific or master plans or with the applicable provisions of Title 21. If development of the project for which a vesting tentative map or vesting tentative parcel map requires any permits or approvals pursuant to Title 21 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 have not been approved either prior to or concurrently with approval of the map. (Ord. 9788 § 6, 1986)

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.20.010

§ 20.20.020