Chapter 22.48 — VESTING MAPS

The requirements for form and content, sub-mittal, review and approval/denial of a tentative vesting map, whichever applies, in accordance with Chapters 22.20 and 22.24 of this title. In addition, the face sheet of a vesting tentative map shall contain the words, “vesting tentative maps” in a conspicuous location and letter style. The filing of a vesting map is at the exclusive option of the subdivider and shall not be a prerequisite to any proposed subdivisions or an application for development.

('86 Code, § 22.48.010) (Ord. 4120, passed - - )

An approved tentative vesting map shall expire within 24 months, unless extended by the Planning Commission or City Council, pursuant to the provisions of § 22.20.140 of this title.

('86 Code, § 22.48.020) (Ord. 4120, passed - - )

If the ordinances, standards and policies in effect at the time of tentative vesting map approval are subsequently changed prior to expiration of the vesting tentative map, apply for an amendment to that map, to secure a vested right to proceed with the changed ordinances, policies and standards. Such an application shall be reviewed by the development review committee and acted upon by the Planning Commission and/or City Council pursuant to the requirements for tentative tracts and tentative parcel maps, specified in Chapters 22.20 and 22.24 of this title. ('86 Code, § 22.48.030) (Ord. 4120, passed - - )

The approval or conditional approval of a tentative vesting map shall confer a vested right to proceed with development in substantial compliance with the standards, policies and ordinances in effect at the time of such approval. However, the city may impose reasonable conditions or deny a request for a subsequent permit, approval, extension or other entitlement, if it determines that:

(A) Failure to do so could place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

(B) The condition or denial is required, to comply with state or federal laws.

('86 Code, § 22.48.040) (Ord. 4120, passed - - )

Whenever a vesting tentative map is submitted for which the proposed development is inconsistent with the zoning ordinance then in effect, this inconsistency shall be so stated on the tentative map. The Planning Commission (or upon appeal, the City Council) may deny such a vesting tentative map or may approve it, pursuant to Cal. Gov't Code § 66498.3, with a condition that the subdivider obtain the necessary change in the zoning ordinance to eliminate the inconsistency. If such a zone change is obtained, the approved or conditionally approved vesting tentative map shall

confer the vested rights to proceed with development in substantial conformance with the approved change in the zoning ordinance and map.

('86 Code, § 22.48.050) (Ord. 4120, passed - - )

(A) The rights conferred by an approved vesting tentative map shall last for an initial time period of one year beyond the recording of the final map, parcel map or waiver of parcel map. When multiple final maps are recorded, the one-year initial period shall begin for each phase when the final map for the phase is recorded.

(B) The initial time period shall be auto-matically extended if the city fails to complete its review of an application for a grading permit or for design or architectural review within 30 days from the date that a complete application is received by the city.

(C) At any time prior to the expiration of the initial one year time period, the subdivider may apply for a maximum, one year time extension, to be con-sidered by the Planning Commission. If such request is denied, the subdivider may appeal that denial to the City Council, within 15 days of the action.

(D) If the subdivider submits a complete appli-cation for a building permit within the initial one year period specified above, the rights conferred by the vesting map shall continue until the expiration of that permit or any extension of such permit granted by the Building Official.

('86 Code, § 22.48.060) (Ord. 4120, passed - - )

Pursuant to Cal. Gov't Code § 66498.4, a property owner may seek approval for a development within the subdivision for which a vesting tentative map was approved and subsequently recorded, which is not consistent with the ordinances, standards and policies in effect at the time of approval of the vesting tentative map, and the city may approve such request, only to the extent authorized under applicable law.

('86 Code, § 22.48.070) (Ord. 4120, passed - - )