Chapter 18.10 — VESTING MAPS

The term "vesting tentative map" means a tentative map for a residential 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, and is thereafter processed in accordance with the provisions hereof.

(Code 1969, § 18.10.010; Ord. No. 559, § 1(part), 1986)

(a)

This chapter shall apply only to residential developments until December 31, 1987. After that time, it will apply to both residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by 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 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.

(Code 1969, § 18.10.020; Ord. No. 559, § 1(part), 1986)

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 ordinance or other applicable provisions of this Code.

(Code 1969, § 18.10.030; Ord. No. 559, § 1(part), 1986)

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 this title for a tentative map, except as hereinafter provided:

(1)

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "vesting tentative map."

(2)

At the time a vesting tentative map is filed, a subdivider shall also supply the following information:

a.

Height, size and location of buildings.

b.

Sewer, water, stormdrain and road details.

c.

Information on the uses to which buildings will be put.

d.

Detailed grading plans.

e.

Geotechnical studies per chapter 70, Uniform Building Code.

f.

Flood control information.

g.

Architectural plans.

(Code 1969, § 18.10.040; Ord. No. 559, § 1(part), 1986)

Fees for filing and processing of a vesting tentative map shall be established by city council resolution.

(Code 1969, § 18.10.050; Ord. No. 559, § 1(part), 1986)

The approval or conditional approval of a vesting tentative map shall expire 24 months from the date of approval by the planning commission or city council, as applicable. Vesting maps are subject to the same extensions of time as a regular tentative map.

(Code 1969, § 18.10.060; Ord. No. 559, § 1(part), 1986)

(a)

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 § 66474.2; however, if Government Code § 66474.2 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)

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)

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 herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 18.10.060. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of one year. Where several 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 subsection (c)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

(3)

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

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Code 1969, § 18.10.070; Ord. No. 559, § 1(part), 1986)