Part 8 — Vesting Tentative Maps

The purpose of this Part is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this Part, the provisions of this Chapter shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code and CMC § 9208.3.

(Ord. 85-730U § 1)

The approval of a vesting tentative map shall be consistent with the General Plan, any applicable specific plan, the Zoning Ordinance, and any other applicable provision of this Code in effect at the time provided by CMC § 9208.9(a). (Ord. 85-730U § 1)

A "vesting tentative map" shall mean a tentative map for a subdivision, as defined in this Chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with CMC § 9208.4, and is thereafter processed in accordance with the provisions of this Part and the Subdivision Map Act. (Ord. 85-730U § 1; Ord. 90-910 § 1)

• (a) Whenever a provision of the Subdivision Map Act or this Title requires the filing of a tentative map or tentative parcel map for a subdivision, a vesting tentative map may instead be filed, in accordance with the provisions of this Part.

• (b) If a subdivider does not seek the rights conferred by Chapter 4.5 of Division 2 of Title 7 of the Government Code and this Part, 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. 85-730U § 1; Ord. 90-910 § 1)

A vesting tentative map shall be filed in the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this Chapter 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) The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including but not limited to the height, size and location of all buildings and other improvements.

• (c) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development, except for site plan and design review, have been obtained or applications therefor are filed concurrently with such map.

• (d) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at the time of filing, such inconsistency shall be noted on the map.

• (Ord. 85-730U § 1)

Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.

(Ord. 85-730U § 1)

A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development have been obtained except for site plan and design review.

• (Ord. 85-730U § 1)

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 Chapter for the expiration of the approval or conditional approval of a tentative map. (Ord. 85-730U § 1)

Notwithstanding any provision of this Part, 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 CMC § 9208.9(a), and the City may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. (Ord. 85-730U § 1)

The provisions of this Part shall not be construed to prevent the City from conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in CMC § 9208.9(a).

(Ord. 85-730U § 1)