§ 17.22

(a)

Whenever a provision of the Subdivision Map Act or this title requires that a tentative map be filed, a vesting tentative map may instead be filed.

(b)

When a developer of land files a request for vesting tentative map, the planning commission shall have the sole authority to confer the right of vesting the tentative map. When the city confers the right of vesting upon a tentative map, that 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 is approved or conditionally approved.

(c)

Notwithstanding subsection (a) of this section, the planning commission may condition or deny a permit, approval, extension or entitlement if it determines 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.

(d)

The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth in subdivisions (f) and (g) of Section 66452.6 of the Subdivision Map Act.

(Ord. 2080 § 1 (part), 2004; Ord. 999 § 1 (part), 1985)

Any time prior to the expiration of the vesting tentative map pursuant to Section 17.20.060 the subdivider, or his or her assignee, may apply for an amendment to the vesting tentative map.

(Ord. 2216 § 1 (part), 2007: Ord. 999 § 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 planning commission may deny such a tentative map or approve it conditioned on the subdivision, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. The planning commission may confer the right of vesting upon the conditionally approved tentative map. If the change in the zoning

ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 17.22.010, confer the vested right to proceed with the development of substantial compliance with the change in the zoning ordinance and the map, as approved.

(b)

The rights conferred by this section shall be for the time periods set forth in Chapter 17.20 of this title.

(Ord. 2216 § 1 (part), 2007; Ord. 2080 § 1 (part), 2004; Ord. 999 § 1 (part), 1985)

Notwithstanding any provisions 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 subsection (a) of Section 17.22.010 and Section 17.22.030 of this chapter, and the planning commission may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 999 § 1 (part), 1985)

If a subdivider does not seek the rights conferred by this chapter, 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.

(Ord. 999 § 1 (part), 1985)

17.22.060 - Scope of vesting tentative map.

(a)

This chapter does not enlarge, diminish or alter the types of conditions which may be imposed by the planning commission on a development, nor in any way diminish or alter the power of the city to protect against a condition dangerous to the public health or safety.

(b)

The rights conferred by this chapter shall relate only to the imposition by the city of conditions or requirements created and imposed by this title. 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 of policies.

(Ord. 999 § 1 (part), 1985)

Chapter 17.24 - APPEALS

Sections: