Berkeley Municipal Code Ch. 21.18 Vesting Tentative Maps

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498. l) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute). (Ord. 5793-NS § 2 (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 ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinance shall apply to the vesting tentative maps. (Ord. 5793-NS § 2 (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 the zoning ordinance or other applicable provisions of the Municipal Code. (Ord. 5793-NS § 2 (part), 1987)

A "vesting tentative map" shall mean a tentative map for residential subdivision, as defined in the subdivision ordinance that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed. Vesting rights apply to parcel maps; thus, references to "tentative map" shall include tentative parcel maps, and references to "final map" shall include parcel maps. (Ord. 5793-NS § 2 (part), 1987)

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 subdivision ordinance 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. Prior to filing a vesting tentative map, the subdivider shall have obtained approval from the board of adjustments for the proposed residential development which shall include any required design review. (Ord. 5793-NS § 2 (part), 1987)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by City Council resolution for the filing and processing of a tentative map. (Ord. 5793-NS § 2 (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 the subdivision ordinance for the expiration of the approval or conditional approval of a tentative map. (Ord. 5793-NS § 2 (part), 1987)

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 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. Notwithstanding subsection A, 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. If the final map is approved, these rights shall last for the following periods of time:

An initial time period of one year. 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.

The initial time period set forth in subsection C, 1. shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds thirty days from the date a complete application is filed.

A subdivider may apply to the Planning Commission for a one year extension at any time before the initial time period set forth in subsection C, 1. expires. If the extension is denied, the subdivider may appeal that denial to the City Council, within fifteen days.

If the subdivider submits a complete application for a building permit during the periods of time specified in subsections C, 1. through C, 3. the rights referred to herein shall continue until the expiration of that permit.

D. A subdivider may apply to the Planning Commission for an amendment to the vesting tentative map before the vesting rights, as described in subsection C, 3. above, expire. The procedure described in Section 21.16.090 shall be followed. (Ord. 5793-NS § 2 (part), 1987)