§ 16.40

This Chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66598.1 of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance.

(Ord. 227, 1986)

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 Subdivision Map Act and Title 16 of this Code. Except as otherwise set forth in the provisions of this Chapter, the provisions of this Title shall apply to this Chapter (Vesting Tentative Map Ordinance).

(Ord. 227, 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 zoning regulations or other applicable provisions of the Municipal Code.

(Ord. 227, 1986)

All definitions found in this Code pertaining to Zoning and Subdivisions, unless the context requires otherwise, apply to this Chapter. The following definitions are applicable to the provisions of this Chapter.

A.

"Vesting Tentative Map" shall mean a "tentative map" for a residential subdivision, as defined in this Code, that shall have printed conspicuously on its face the works "VESTING TENTATIVE MAP" at the time it is filed in accordance with the provisions of this Chapter.

(Ord. 227, 1986)

16.40.050 - Application.

A.

This Chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Code, 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 of this Chapter.

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. 227, 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 the provisions of this Code pertaining to subdivisions 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 a vesting tentative map is filed, the subdivider shall also supply the following:

1.

A completed and signed Planning Application Form.

2.

A check for the applicable fees and charges.

3.

A reproduced County Assessor's Parcel Map with the project area outlined in blue.

4.

The name and addresses as shown on the latest Assessment Roll for all legal owners of property within three hundred (300) feet of the property lines of the subject property.

5.

A complete set of typed and stamped envelopes for all listed property owners listed in subparagraph 5. above. A return address shall not be placed on the envelopes.

Twenty-five (25) copies of the Vested Tentative Map prepared by a Registered Civil Engineer or Licensed Land Surveyor. If all the information cannot be clearly indicated on one drawing, a second drawing may be submitted indicating grading, drainage, and utilities. With consent of the Planning Director, all but seven (7) copies may be reduced to eleven (11) inches by seventeen (17) inches. The Vesting Tentative Map must also contain:

a.

Title - a title containing the subdivision number, subdivision name, and type of subdivision.

b.

Names - the name and address of legal owner, subdivider, and person preparing the map (including the preparer's registration number).

c.

Legal Description - a sufficient legal description to define the boundary of the proposed subdivision to include the Assessor's Parcel Number(s).

d.

Scale - date, north arrow, scale, bar scale and contour interval.

e.

Land Use - the existing and proposed land uses, by type and square feet and/or acreage.

f.

Vicinity Map - a map showing roads and adjoining subdivisions and the relation of the subdivision to the existing community.

g.

Adjacent Area - the name and number of the adjacent subdivisions, showing lot and block or parcel numbers for adjoining lots.

h.

Topography - showing the existing topography of the proposed site and existing topography at least one hundred (100) feet beyond its boundary, including:

(1)

Contours - existing contours at two (2) foot intervals for the existing ground with a slope of less than ten percent (10%) and at not less than five (5) foot intervals for existing ground slopes greater than or equal to ten percent (10%). Contour intervals should not be spread more than one hundred and fifty (150) feet apart. Existing contours should be represented by dashed lines or by screened lines.

(2)

Trees - species, common name, size, condition, location, dripline of existing trees with a trunk diameter of six (6) inches or greater at four (4) feet, six (6) inches above natural grade.

(3)

Structures - the approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked.

(4)

Waterway - the approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each water course.

(5)

Streets - the location, pavement, and right-of-way width, grade and name of existing streets and highways.

(6)

Easements - the widths, location, and identity of all existing easements.

(7)

Drains/Sewers - the location and size of existing sanitary sewers, water mains and storm drains. The approximate slope of existing sewers and storm drains should be indicated.

(8)

Noise Contours - the approximate location of the sixty (60), sixty-five (65) and seventy (70) dB DNEL (Community Noise Equivalent Level) contours if required.

(9)

Features - location and description of significant features such as trees, creeks, rock outcropping, wells, and any utility structures and whether or not to be retained.

i.

Improvements - show proposed improvements including:

(1)

Streets - the location, grade, centerline radius, and arc length of curves, and tangents, right-of-way widths to scale, and preliminary names of all streets. Horizontal and vertical grades shall be as approved by the City Engineer. Typical sections of all streets, alleys, and pedestrian ways must be shown.

(2)

Curbs - the location and radius of all curb returns and cul-de-sacs.

(3)

Easements - the location, width, and purpose of all easements.

(4)

Angles - the angle of intersecting streets if such angle deviates from a right angle by more than four (4) degrees.

(5)

Lots - The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data must show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top of cut and fill slopes to scale, and the number of each lot.

Buildable lots are to be numbered consecutively beginning with "1"; non-buildable, open space, and common lots are to be lettered alphabetically, beginning with the letter "A".

(6)

Contours - proposed contours at two (2) foot intervals must be shown if the existing ground slope is less than ten percent (10%) and not at less than five (5) foot intervals for existing ground slopes greater than or equal to ten percent (10%). A separate grading plan may be submitted.

(7)

Recreation - proposed recreation sites, trails, and parks for private or public use.

(8)

Common Areas - proposed common areas and areas to be dedicated to public open space.

(9)

Drains/Sewers - the location and size of sanitary sewers and storm drains must be indicated. Hydrologic and hydraulic data must be submitted for approval of the City Engineer.

(10)

Landscaped Areas - location of all common landscaped areas and placement of water meters.

(11)

Street Trees - location, size and species of proposed and existing street trees.

(12)

Street Lights - location, height, and type of street lighting.

j.

Names - the name or names of any geologist or soils engineer whose services were utilized in the preparation of the design of the Vesting Tentative Map.

k.

Source - the source and date of existing contour mapping.

l.

Lettering - all lettering size must be one-eight inch minimum height.

m.

Phases - if it is planned to develop the site as shown on the Vesting Tentative Map in phases, show the proposed phases and their proposed sequence of construction as well as proposed dated of construction.

n.

Waiver - the Planning Director may waive any of the foregoing Vesting Tentative Map requirements when he or she finds that the type of subdivision is such as not to necessitate compliance with these requirements or that other circumstances justify such a waiver. The Planning Department may require other such drawings, data or other information as is deemed necessary.

7.

The Vesting Tentative Map must be accompanied by the following plans, data or reports:

a.

Grading Plan - two (2) copies of a grading plan prepared by a registered Civil Engineer.

b.

Soils Report - two (2) copies of a soils report must be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the Final Map must contain an investigation of each lot within the subdivision. Additional soils or geologic data may be required due to the scale of the proposed grading or the presence of potentially hazardous or environmentally sensitive conditions.

c.

Erosion Control Plan - two (2) copies of the plan for soil erosion and sediment control. The plan shall contain both interim or preliminary measures and final plans.

d.

Geologic Investigation Report - two (2) copies of an engineering, geology, and/or seismic safety report, prepared in accordance with guidelines established by the Planning Department by a geologist certified in Engineering Geology by the State of California. If the preliminary engineering, geology, and/or seismic safety report indicates the presence of geologic hazards or seismic hazards, which, if not corrected, would

lead to structural defects, an engineering, geology, and/or seismic safety report must accompany the final map and shall contain an investigation of each lot within the subdivision.

e.

Architectural Plans - architectural plans to include:

(1)

Height, bulk, and area of buildings;

(2)

Colors and types of building and installations;

(3)

Physical and architectural relation with existing and proposed structures in the area and to the site's location within the City;

(4)

Site layout, orientation and location of buildings, and relationship with open areas and topography;

(5)

Height, materials, colors, and variations in boundary walls, fences, or screen planting;

(6)

Location and type of landscaping including but not limited to setback areas and the project off-street parking areas; and

(7)

Appropriateness of sign design and exterior lighting.

f.

Title Report - a preliminary title report, prepared no more than within three (3) months prior to filing the application.

g.

School Site - the subdivider must obtain from the school districts involved, their intentions, in writing, concerning the necessity for a school site, if any, within the subdivision and must present this information to the Planning Director prior to the consideration of the Vesting Tentative Map.

h.

Environmental Studies - the various time limits for taking action on Vesting Tentative Maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed, and considered, in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

i.

Utility Certification - certification in writing from all utilities that the proposed subdivision can be adequately served.

j.

Other Reports - any other data or reports deemed necessary by the Planning Director and/or City Engineer.

8.

Transparency - an eight and one-half (8 1/2) inches by eleven (11) inches clear transparency reduction, suitable for overhead projection, of the Vesting Tentative Map and other related plan.

9.

Photo - an (8 1/2) inches by eleven (11) inches black and white photo reduction of the Vesting Tentative Map and other related plans.

(Ord. 227, 1986; Ord. 381, 2005)

Upon filing a Vesting Tentative Map, the subdivider shall pay the fees and hourly rates for professional staff as required by City Council resolution for the filing and processing of a tentative map.

(Ord. 227, 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 this code for the expiration of the approval or conditional approval of a tentative map.

(Ord. 227, 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 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 the development in substantial compliance with the ordinance, policies, and standards in effect at the time the Vesting Tentative Map is approved or conditionally approved.

B.

Notwithstanding subparagraph 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 as provided in Section 16.40.080. 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 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.

2.

The initial time period set forth in subparagraph C.1. 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 is filed.

3.

A subdivider may apply for a one year extension at any time before the initial time period set forth in subparagraph C.1. expires. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen (15) days.

4.

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

(Ord. 227, 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 may 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 is obtained, the approved or conditionally approved Vesting Tentative Map shall, notwithstanding Section 16.40.090.A, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B.

The rights conferred by this section shall be for the time periods set forth in Section 16.40.090.C.

(Ord. 227, 1986)

Notwithstanding any provision of this article, a property owner or his or her designees may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections 16.40.090.A and 16.40.100, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 227, 1986)

In event a subdivider intends to proceed with a vesting tentative map and a development agreement the provisions of the development agreement shall supersede the specific provisions of this ordinance provided that there is no direct conflict with the vesting tentative map statute of Chapter 4.5 of Division 2 of the Title 7 of the Government Code of the State of California.

(Ord. 227, 1986)

Chapter 16.50 - HILLSIDE DEVELOPMENT, OPEN SPACE, AND TREES

Sections: