Chapter 7 — VESTING TENTATIVE MAPS

The purpose of this chapter is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California, which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the provisions of this title shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code and Section 10702 of this chapter.

(Ord. No. 125, 6-2-87)

The approval of a vesting tentative map shall be consistent with the general plan, applicable specific plan, the zoning ordinance, and any other applicable provision of this Code in effect at that time, provided by section 10703(a) of this chapter.

(Ord. No. 125, 6-2-87)

A "vesting tentative map" shall mean a tentative map for a subdivision, as defined in this title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 10703 of this chapter, and is thereafter processed in accordance with the provisions of this chapter and the Subdivision Map Act.

(Ord. No. 125, 6-2-87; Ord. No. 168, § 1, 2-14-90)

(a)

Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map or tentative parcel map for a subdivision, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.

(b)

If a subdivider does not seek the rights conferred by Chapter 4.5 of Division 2 of Title 7 of the Government Code and 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. No. 125, 6-2-87; Ord. No. 168, § 2, 2-14-90)

A vesting tentative map shall be filed in the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this title for a tentative map, 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)

The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including but not limited to the height, size and location of all buildings and other improvements.

(c)

A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals

required for the proposed development, except for architectural review, have been obtained, or applications therefor are filed concurrently with such map.

(d)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time of filing, such inconsistency shall be noted on the map.

(Ord. No. 125, 6-2-87)

Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.

(Ord. No. 125, 6-2-87)

A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development have been obtained, except for architectural review.

(Ord. No. 125, 6-2-87)

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.

(Ord. No. 125, 6-2-87)

(a)

Subject to the time limits established by paragraph (c) of this section, 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 Government Code Section 66474.2. If Section 66474.2 of the Government Code is repealed, however, 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, subject to the time limits established by paragraph (c) of this section.

(b)

Notwithstanding paragraph (a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied, even though such action may be contrary to the ordinances, policies, and standards described in paragraphs (a), if any of the following are determined:

(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 referred to in paragraph (a) of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 10707 of this chapter. If the final map is timely approved, such rights shall exist for the following periods of time:

(1)

An initial time period of one (1) year after the recording 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 subparagraph (c)(1) above, shall be automatically extended by any time used for processing a complete application for a grading permit or for architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

(3)

The subdivider may apply to the planning commission for a one-year extension at any time before the expiration of the initial time period set forth in subparagraph (c)(1) of this section. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days thereafter.

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in subparagraphs (c)(1) through (c)(3), above, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof.

(Ord. No. 125, 6-2-87)

Any time prior to the expiration of a vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to such map. A public hearing shall be held by the planning commission on any amendment involving a substantial modification to the subject subdivision or development related thereto. The planning commission may approve, conditionally approve or disapprove the proposed amendment. The decision by the planning commission on the requested amendment shall be appealable to the city council in the manner provided by Section 10416 of this article.

(Ord. No. 125, 6-2-87)

10710. • Applications inconsistent with established policies.

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 section 10708(a), and the city may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law and are supported by substantial findings.

(Ord. No. 125, 6-2-87)

10711. • Subsequent permits, licenses, and other entitlements for use.

The provisions of this chapter shall not be construed to prevent the city from conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map, provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in section 10708(a) of this chapter.

(Ord. No. 125, 6-2-87)

Chapter 8 - PARKLAND DEDICATION AND FEES[[2]]

Footnotes:

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Cross reference— Park rules, § 4901 et seq.

10800. • Purpose.

Pursuant to Section 66477 of the Subdivision Map Act, this chapter is intended to require the subdivider to dedicate land to the city, pay a fee to the city in lieu thereof, or a combination of both, for park or recreation purposes.

(Ord. No. 125, 6-2-87)

This chapter shall not apply to any commercial or industrial subdivisions, or any condominium project which consists of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

(Ord. No. 125, 6-2-87)

The amount of land to be dedicated by the subdivider shall be determined by the following formula:

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Where:

(Ord. No. 125, 6-2-87)

Fees in lieu of land dedications shall be used only for the purpose of developing new, or rehabilitating existing recreational facilities to serve the subdivision for which the fees were paid. The amount of fee in lieu of land dedication shall be determined by the following formula:

F = XB

Where:

= Fair market value of the land determined by the last tax bill.

B

Only payment of fees shall be required in subdivisions containing fifty (50) parcels or less.

(Ord. No. 125, 6-2-87)