Bradbury Municipal Code Ch. 157 Vesting Tentative Map

When a provision of this part or this title requires the filing of a tentative tract map or a tentative minor land division map, as defined in this part, the subdivider may instead file a vesting tentative map in accordance with the provisions of this part. The filing of a vesting tentative map is at the exclusive option of the subdivider and shall not be a prerequisite to any proposed subdivision or an application for development.

(Ord. No. 297, § 9.07.100.010, 3-20-2007)

A vesting tentative map shall be filed in the same form, possess the same contents and be processed in the same manner as a tentative tract map or a tentative parcel map, whichever is applicable, including, but not limited to, criteria for rejection, dedications and the imposition of conditions, except as hereinafter provided.

(Ord. No. 297, § 9.07.100.020, 3-20-2007)

Upon filing a vesting tentative map, the subdivider shall pay the filing fee required for the filing of a tentative map.

(Ord. No. 297, § 9.07.100.030, 3-20-2007)

At the time a vesting map is filed, it shall contain on its face in a conspicuous manner the words "Vesting Tentative Map." The subdivider shall provide the information and documents required in Sections 9.160.050, 9.166.030 and 9.166.040.

(Ord. No. 297, § 9.07.100.040, 3-20-2007)

An approved or conditionally approved vesting map shall be effective for the periods of time as provided for in Sections 9.160.150 and 9.166.110, respectively.

(Ord. No. 297, § 9.07.100.050, 3-20-2007)

(a) The approval or conditional approval of a vesting tentative map by the City Council shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete, pursuant to Government Code § 65943 in accordance with Government Code §§ 66474.2 and 66498.1.

(b) Notwithstanding the above provisions, a permit approval, time extension and/or entitlement may be made conditioned or denied if any of the following are determined by the City Council:

(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

(2) The condition or denial is required in order to comply with the mandates of either State or Federal law.

(c) The vested rights created herein by the approval or conditional approval of a vesting tentative map shall lapse, expire and be of no force and effect if the final map, parcel map or grant of waiver is not approved by the City Council prior to the time limits set forth in Section 9.157.050. If a final map, parcel map or grant of waiver is approved in compliance with said section, these vested rights shall be effective for an initial period of not to exceed one year thereafter. Prior to the expiration of the initial one-year period, the subdivider may apply for an additional one-year extension of the period of the vested right to the City Council.

(d) Where several final maps, parcel maps or grants of waiver are recorded on various phases of a development project covered by a single vesting tentative map, the aforesaid one-year time period shall run for each phase when the final map, parcel map or grant of waiver for that phase is recorded. The subdivider may file for a one-year extension as provided for in Subsection (c) of this section.

(e) Where a complete application for a building permit is submitted by the subdivider within the time periods set forth above and said permit is properly issued, the vested rights conferred by this chapter shall continue in full force and effect until the expiration of that permit, or any valid extension of the permit which may be granted by the Building and Safety Department.

(f) The precise amount of fees required to be paid as a condition precedent to recording a map and/or completing a development shall be the amount in effect at the time of payment of the fee.

(Ord. No. 297, § 9.07.100.060, 3-20-2007)