§ 17.20

The purpose of this Chapter is to establish procedures for the review, approval and administration of vesting tentative maps in accordance with the authority granted by California Government Code Section 66498.1 et seq.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Whenever this Title requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions of this Chapter.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.20.030 - Filing and processing of vesting tentative maps.

A vesting tentative map shall be filed in the same form, shall have the same content, accompanying data and reports and shall be processed in the same manner described for tentative maps in Chapter 17.16, except as described in this Chapter.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." The application shall be submitted in accordance with Sections 17.16.080 and 17.16.090 and accompanied by the following additional materials:

1.

A map showing division of the land for the sale of individual property, if any;

2.

Proposed off-street parking, including the location, number of stalls, dimensions, and circulation pattern;

Lot dimensions and all recorded easements;

4.

Locations and dimensions of proposed bicycle, pedestrian, and/or equestrian paths;

5.

Details on the height, size, and location of proposed buildings;

6.

Architectural elevations, schematic plans, and materials board for proposed building(s);

7.

Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings, and other such uses;

8.

Areas proposed for any other uses to be established within the project;

9.

Proposed location and elevations of buildings on land, including dimensions, the size of structure, height, setback, materials, and yard areas;

10.

Proposed landscaping, walls, fencing, screening, trash collection areas, and usable open space areas;

11.

If phasing is proposed, a construction schedule for the off-site improvements to be associated with each phase; the total number of acres in the proposed project and the number and percent thereof designated for various uses; and the number of dwelling units proposed, by type of dwelling unit, for each phase;

12.

A detailed grading plan showing cut/fill quantities, pad elevations, typical drainage pattern, top/toe of slope, retaining walls, with information as required by the City Engineer; and

13.

Such additional information as may be required by the Director, and/or City Engineer.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

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 described in California Government Code Section 66474.2. However, if California Government Code Section 66474.2 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.

The above notwithstanding, a permit, approval, extension, or entitlement may be made conditional or may be denied if any of the following are determined:

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 both.

2.

The condition(s) or denial is required in order to comply with State or Federal law.

C.

The provisions of this Section shall not:

1.

Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in Subsection B.

2.

Diminish or alter the types of conditions, which may be imposed by the City on a development, or the City's power to protect against a condition dangerous to the public health or safety.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A vesting tentative map shall be approved by the City only if the City makes all of the findings listed in Section 17.16.130.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

The effective date of a vesting tentative map shall be in accordance with Section 17.16.040.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

The approval or conditional approval of a vesting tentative map, or phases thereof, shall expire 24 months from the date the map was approved or conditionally approved. Failure to cause a timely filing for an extension in accordance with Section 17.16.170 with the City within 24 months after approval shall terminate all proceedings, and any subdivision of the same land shall require the filing and processing of a new vesting tentative map. The subdivider shall be responsible for keeping a record as to when a map will expire.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

Notwithstanding Section 17.16.180, the initial 24-month term of tentative maps may be extended as follows:

1.

Request by Subdivider. Not more than 60 calendar days before the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed 12 months. The subdivider shall file with the Director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City's official application form, including but not limited to, environmental analysis pursuant to CEQA.

2.

The approval authority may additionally approve a maximum of five one-year time extensions, each extension not to exceed 12 months, but may not impose additional conditions of approval.

3.

If a subdivider is required to expend the amount specified in California Government Code Section 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonable related to the development of that property, each filing of a final map authorized by California Government Code Section 66456.1 shall extend the expiration of the approved or conditionally tentative map by 36 months from the date of its expiration or the date of a previously-filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval.

4.

The subdivider, or any interested party adversely affected, may appeal any action of the Director related to the extension of a map to the Planning Commission in accordance with the procedures set forth in Section 17.16.150. Such appeals shall be filed within ten days of final action by the Director. If the Planning

Commission fails to act within the time limits set forth in Section 17.16.150 the extension shall be deemed to be approved, conditionally approved, or denied as originally approved by the Planning Commission, insofar as the approved map complies with all other applicable provisions of the Subdivision Map Act, this Title and the City's General Plan.

B.

If a final map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final map area shall last for the periods listed below:

1.

An initial time period of one year following recordation of the final tract map. Where several final tract maps are recorded on phases of a project covered by a single vesting tentative map, the one-year time period for each final tract map shall begin on the date of recordation of that final tract map.

2.

The initial time period set forth in the above paragraph shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, provided however, that such extension shall only be for the number of days in excess of 30 days.

3.

If, during the two-year period following approval of a final tract map or parcel map, the City receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the tentative map shall continue until the expiration of the building permit.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

If the ordinances, policies and standards described in Government Code Section 66498.1 are changed at any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. A public hearing shall be held by the Planning Commission on any application involving a modification to the vesting tentative map or by the development related thereto, following procedures set forth for the modification of tentative maps in Section 17.16.080. Approval of a modification to a vesting tentative map or development related thereto, shall be evaluated for compliance with the City regulations, standards, and policies in effect at the time the request for modification is deemed complete.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

The rights referred to herein shall expire if a final map is not filed for approval prior to the expiration of the vesting tentative map as provided in Section 17.20.090. If the final map is approved, these rights shall last for the following periods of time beyond the recording of the final map:

1.

An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative tract 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 A. 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 filed.

3.

A subdivider may apply for a one-year extension at any time before the initial time period set forth in Subsection A. expires. If the extension is denied, the subdivider may appeal that denial pursuant to Section 17.16.150; and

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections 1., 2., or 3., the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)