§ 16.28

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the Vesting Tentative Map Statute) and may be cited as the vesting tentative map ordinance.

(Ord. 516 § 1 (part), 1987)

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 subdivision ordinances contained in this title. Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinances contained in this title shall apply to this chapter. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. 516 § 1 (part), 1987)

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 federal or state law and this title or other applicable provisions of this code.

(Ord. 516 § 1 (part), 1987)

16.28.040 - Definitions.

In this chapter:

A.

"Vesting tentative map" means a tentative map for a residential subdivision, as defined in Section 16.04.030, that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.28.050 and is thereafter processed in accordance with the provisions of this chapter.

B.

All other definitions set forth in this title are applicable.

(Ord. 516 § 1 (part), 1987)

A.

This chapter shall apply only to residential development. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the city subdivision ordinance (Chapters 16.04 through 16.26 of this title) requires the filing of a tentative map or tentative parcel map for a residential development, 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 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.

C.

Prior to submittal of a "vesting tentative map" the subdivider is encouraged to consult with the planning department in accordance with Section 16.06.010.

(Ord. 516 § 1 (part), 1987)

A vesting tentative map may 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 elsewhere in this title 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.

At the time a vesting tentative map is filed a subdivider shall supply all information as required in Section 16.06.030.

C.

An environmental impact analysis shall be made pursuant to procedures referenced in Section 16.20.010.

For purposes of the time requirements under Section 66452.1 of the Subdivision Map Act, a tentative map shall be deemed not to have been accepted for filing until CEQA review and all related approvals have been obtained.

D.

A vesting tentative map shall not be accepted for processing until it is consistent with the existing general plan and zoning designation for the subject site. If such inconsistency is found to exist after the map has been accepted for processing, the planning commission may deny the 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.

(Ord. 516 § 1 (part), 1987)

Upon filing a tentative map, the subdivider shall pay the fees as established by resolution of the council. These fees may be in addition to the normal charges and fees for any of the following actions:

A.

Environmental review fees;

B.

Building/construction fees/permits;

C.

Building and plan check fees.

(Ord. 516 § 1 (part), 1987)

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. 516 § 1 (part), 1987)

A.

Vesting on Approval of Tentative Map. The approval or conditional approval of a vesting tentative map by the planning commission or, on appeal, by the city council, 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. However, if Section 66474.2 of the Government Code is repealed, 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.

B.

Conditioning or Denial. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

1.

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.

Duration. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.28.080. If the final map is approved and recorded these rights shall continue in effect for the following periods of time:

1.

An initial period of time of one year from recordation 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 particular phase is recorded.

2.

The initial time period set forth in subdivision 1 of this subsection shall be automatically extended by any time used for processing a complete and timely application for a grading permit or for design or architectural review, if such processing exceeds thirty days from the date such an application is filed.

3.

A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days of the denial.

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 or 3 of this subsection, and the permit is thereafter granted, the rights referred to in this section shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 516 § 1 (part), 1987)

Chapter 16.30 - PARKLAND DEDICATIONS

16.30.010 - Parkland dedication requirements.

A.

Every residential developer or person who develops land for residential purposes shall dedicate a portion of such land, pay a fee or a combination of both, at the option of the city as set forth in this chapter, for the purpose of providing park and recreational facilities at the time and according to the standards and formula set forth hereafter.

B.

The requirements of this chapter shall not apply to alterations or additions to an existing dwelling unit, provided said alterations or additions do not create an additional dwelling unit. The requirement to dedicate land may not be imposed upon subdivisions containing fifty parcels or less unless they are likely to be further subdivided as described hereafter. However, the requirement to pay fees shall apply to such developments.

(Ord. 573 § 1 (part), 1990)