Brisbane Municipal Code Ch. 16.42 Vesting Tentative Map Procedures

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

(Ord. 314 § 2(part), 1986).

The purpose of this chapter is to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act (Govt. Code Sections 66410—66499.58) and Title 16 of this code, hereinafter referred to as "the subdivision ordinance." Except as otherwise provided in this chapter, the provisions of the subdivision ordinance shall apply to this chapter.

(Ord. 314 § 2(part), 1986).

A. "Vesting tentative map" means a tentative map for a subdivision, as described in the subdivision ordinance, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.42.050, and is thereafter processed in accordance with these provisions.

B. "Use permit" has the same meaning as that given in Section 17.04.730 of this code, and accordingly includes, but is not limited to a planned development permit.

C. All other definitions set forth in the subdivision ordinance are applicable.

(Ord. 314 § 2(part), 1986).

A. Until December 31, 1987, this chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, and after December 31, 1987 for a nonresidential development, a vesting tentative map may instead be filed, in accordance with these provisions.

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.

(Ord. 314 § 2(part), 1986).

A vesting tentative map shall be filed in the same form, shall have the same contents, accompanying data and reports, shall be processed in the same manner, and shall be subject to the same requirements for review and approval, 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. At the time the vesting tentative map is submitted for initial review pursuant to Section 16.16.100, the applicant shall also submit an application for: (1) any use permit, design permit and grading permit required for the proposed project which is the subject of the vesting tentative map application, and which has not already been applied for; and (2) any environmental review required in connection with such project, together with sufficient information to enable the city to make the determination required by Section 21080.1 of the Public Resources Code.

C. If the proposed project which is the subject of the vesting tentative map application does not require a planned development permit, then the applicant shall submit the information which would be required for a planned development permit. If the proposed project does not require a design permit, then the applicant shall submit the information which would be required for a design permit. Any such submittal shall be made at the time the vesting tentative map is submitted for initial review pursuant to Section 16.16.100.

D. The subdivider shall also supply any additional information reasonably required, and meet any additional requirements reasonably imposed, by the city planning director during the vesting tentative map approval process.

E. The actions by the planning commission with respect to tentative maps contained in Sections 16.16.180 through 16.16.280, inclusive, shall be performed by the commission with respect to vesting tentative maps. The commission shall also conduct any environmental review which would otherwise be required for the project which is the subject of the vesting tentative map application, and shall recommend approval, conditional approval or denial of any use permit, design permit or grading permit required for the project, either prior to or concurrently with the application for a vesting tentative map. However, all such actions, review, approvals and denials taken by the commission shall only be advisory to the city council, and shall accordingly only be recommendations by the commission to the city council for action by the council.

F. Upon receipt of the recommendations of the planning commission in accordance with subsection E of this section, the city council shall review and process the proposed vesting tentative map as provided with respect to the planning commission in Sections 16.16.180 through 16.16.280, inclusive, except that the council shall be the decision-making authority and not the planning commission. The city council shall approve, conditionally approve, or disapprove the vesting tentative map, and shall exercise all legislative body decision-making authority with respect to any environmental review which would otherwise be required for the project which is the subject of the vesting tentative map application. The city council shall also approve, conditionally approve or deny any use permit, design permit or grading permit required for the project which is the subject of the vesting tentative map application either prior to or concurrently with its action on the vesting tentative map.

G. The fifty (50) day time period of subsections 16.16.210(A) and (B) of this title shall not apply to the processing or approval of a vesting tentative map.

(Ord. 314 § 2(part), 1986).

Subject to Sections 16.42.100 and 16.42.110, no land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the city general plan or any applicable specific plan or which is not permitted by the zoning ordinance, Title 17, of this code.

(Ord. 314 § 2(part), 1986).

On filing a vesting tentative map, the subdivider shall pay a fee as set by resolution of the city council, contributing to the reimbursement of the city's direct costs of establishing and adopting the vesting tentative map procedures. The subdivider shall also pay all other planning and processing fees required by law.

(Ord. 314 § 2(part), 1986).

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, except that any such extension shall be granted by the city council. This section concerning the life of a vesting tentative map does not modify the provisions of Section 16.42.090 concerning the duration of the vested right granted by a vesting tentative map.

(Ord. 314 § 2(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 Section 66474.2.

However, if Government Code Section 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. A use permit, design permit or grading permit issued prior to or concurrently with a vesting tentative map, and any other prior, concurrent or subsequent permits, approvals, extensions and entitlements issued with respect to the development, may be subsequently modified or revoked to the extent otherwise permitted by law so long as the vested right granted by subsection A of this section is not violated.

D. The rights referred to in subsection A of this section shall expire if a final map is not approved before the expiration of the vesting tentative map as provided in Section 16.42.080. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one (1) year from the recording of the final map. Where several final maps are recorded pursuant to Section 16.20.090 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 one (1) year time period set forth in subsection D1 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 thirty (30) days, from the date a complete application for the permit or review is filed.

3. A subdivider may apply to the city council for a one (1) year extension at any time before the initial time period set forth in subsection D1 of this section expires. The city council may grant or deny such extension on such conditions as it deems appropriate.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections D1 through D3 of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 314 § 2(part), 1986).

A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative 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. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection 16.42.090A, confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. If the change is not obtained, any approved or conditionally approved vesting tentative map shall not confer any rights to proceed with the development.

B. The rights conferred by this section shall be for the time periods set forth in Section 16.42.090(D).

(Ord. 314 § 2(part), 1986).

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 16.42.090(A) and Section 16.42.100, and the city council may grant these approvals or issue these permits to the extent that the departures are otherwise authorized under applicable law.

(Ord. 314 § 2(part), 1986).