Alameda Municipal Code § 30-77 Vesting Tentative Maps

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the zoning regulations or other applicable provisions of the Municipal Code.

(Ord. No. 3369 N.S., 5-7-2024)

a. This section shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Alameda Subdivision Regulations, requires the filing of a tentative map or parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

b. If a subdivider does not seek the rights conferred by the vesting tentative map statute, 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. 3369 N.S., 5-7-2024)

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 the Alameda Subdivision Regulations and Subdivision Map Act 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. In addition to the data and reports required by Section 30-76.4 above, a vesting tentative map shall be accompanied by the following plans and reports when deemed necessary by the Planning Director or City Engineer:

(a) Height, size and location of buildings;

(b) Sewer, water, storm drain and road details clearly delineating public and private facilities;

(c) Information on the uses to which the buildings will be put;

(d) Detailed grading plans and preliminary stormwater sizing calculations;

(e) Geological studies;

(f) Flood control information;

(g) Architectural plans.

c. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the Master Fee Schedule for the filing and processing of a tentative map.

(Ord. No. 3369 N.S., 5-7-2024)

a. 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 the subdivision regulations for the expiration of the approval or conditional approval of a tentative map.

b. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinance, policies and standards in effect at the time the vesting tentative map application is deemed complete pursuant to Section 65943 of the Government Code, subject to the exception in Section 66474.2(b) of the Subdivision Map Act.

c. Notwithstanding subsection b., a permit, approval, extension, or entitlement may be made conditional or denied 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.

d. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in paragraph a. above. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of two (2) years beyond the recording of the final map. Where multiple 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 1. shall be automatically extended by any time used for processing a complete application for discretionary approvals for the proposed development, including, but not limited to, General Plan or zoning amendments, planned development approvals, conditional use permits, variances, design review or grading permits if such processing exceeds thirty (30) days from the date a complete application is filed.

3. A subdivider may apply to the Planning Board for a one (1) year extension at any time before the initial time period set forth in subparagraph 1. expires. A decision on the request is subject to appeal and/or call for review as established in AMC Section 30-25.

e. If the subdivider submits a complete application for a building permit prior to the recordation of the final map, the rights referred to herein shall continue until the expiration of such building permit or the expiration of any extension of that permit.

(Ord. No. 3369 N.S., 5-7-2024)

a. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning regulations 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 subdivider's designee, obtaining the necessary change in the zoning regulations to eliminate the inconsistency. If the change in the zoning regulations is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection 30-77.4.b., confer the vested right to proceed with the development in substantial compliance with the change in the zoning regulations and the map, as approved.

b. The rights conferred by this subsection shall be for the time periods set forth in subsection 30-77.4.d.

c. Notwithstanding any provision of this section, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsections 30-77.4.b. and 30-77.4.c., and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 3369 N.S., 5-7-2024)