Chapter 16.42 — VESTING TENTATIVE MAPS

This chapter is enacted pursuant to the authority granted by Cal. Gov't Code Title 7, Division 2, Chapter 4.5, commencing with § 66498.1, referred to in this chapter as the vesting tentative map statute. It is the purpose of this chapter to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act and the provisions of this title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to this chapter. (`83 Code, § 16.42.010) (Ord. 85-42 § 1 (part), 1985)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan, or any applicable specific plan, or not permitted by Title 17 or other applicable provisions of this code.

(`83 Code, § 16.42.020) (Ord. 85-42 § 1 (part), 1985)

A VESTING TENTATIVE MAP shall mean a “tentative map” for a residential subdivision, as defined in this title, that shall have printed inconspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with § 16.42.050, and is thereafter processed in accordance with the provisions of this chapter. All other definitions set forth in this title apply to the provisions of this chapter.

(`83 Code, § 16.42.030) (Ord. 85-42 § 1 (part), 1985)

(A) This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act as implemented and supplemented by this title requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may be filed in accordance with the provisions of this chapter.

(B) If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vested tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(`83 Code, § 16.42.040) (Ord. 85-42 § 1 (part), 1985)

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 this title for a tentative map, except that to the extent not otherwise required by any provision of this code:

(A) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

(B) At the time a vesting tentative map is filed a subdivider shall also supply the following information:

(1) Height, size and location of buildings;

• (2) Sewer, water, storm drain and road details;

• (3) Information on the uses to which the building will be put;

• (4) Detailed grading plans;

• (5) Geological studies;

• (6) Flood control information;

• (7) Architectural plans.

• (`83 Code, § 16.42.050) (Ord. 85-42 § 1 (part), 1985)

Upon filing an application for a vesting tentative map, the subdivider shall pay the fees required by this title for the filing and processing of a tentative map.

(`83 Code, § 16.42.060) (Ord. 85-42 § 1 (part), 1985)

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 of the approval or conditional approval of a tentative map.

(`83 Code, § 16.42.070) (Ord. 85-42 § 1 (part), 1985)

(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 Cal. Gov't Code § 66474.2. However, if Cal. Gov't Code § 66474.2 is repealed, the approval or conditional approval of the 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 was approved or conditionally approved. (B) Notwithstanding division (A) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following standards are determined:

(1) A failure to do so would place the residents of a subdivision or 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 in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 16.42.070. If the final map is approved, these rights shall last for the following period of time:

(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 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 division (C)(1) 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 completed application is filed.

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in division

(C)(1) expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days.

(4) If the subdivider submits a complete application for a building permit during the period of time specified in divisions (C)(1) through (3) of this section, the rights referred to in this section shall continue until the expiration of that permit or any extension of that permit.

(`83 Code, § 16.42.080) (Ord. 85-42 § 1 (part), 1985)

(A) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If a change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding § 16.42.080, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

(B) The rights conferred by this action shall be for the time period set forth in § 16.42.080(C). (`83 Code, § 16.42.090) (Ord. 85-42 § 1 (part), 1985)

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in §§ 16.42.080(A) and 16.42.090, and such approvals or permits may be granted or issued to the extent that the departures are authorized under applicable law.

(`83 Code, § 16.42.100) (Ord. 85-42 § 1 (part), 1985)