Article 2 — Vesting Tentative Maps

The purpose of this article is to establish procedures for the implementation of Chapter 4.5 (commencing with section 66498.1 ) of Division 2 of Title 7 of the State Government Code which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the provisions of this article shall apply to the filing, processing and review of vesting tentative maps as the term is defined by State Government Code section 66424.5 . (Ord. No. 97-11, § 2, 5-5-97)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as 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." This requirement is mandatory, and any failure to comply with it shall prevent the subdivider from obtaining the benefits provided by this article.

• (b) At the time a vesting tentative map is filed, a subdivider shall also supply the information provided in the planning division's Subdivision Application.

• (c) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approval applications, except for development review, are filed prior to or concurrently with the map.

(d) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code in existence at the time of filing, the inconsistency shall be noted on the map by the subdivider. (Ord. No. 97-11, § 2, 5-5-97)

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 this Zoning Code. (Ord. No. 97-11, § 2, 5-5-97)

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

• (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. No. 97-11, § 2, 5-5-97)

A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development, except for development review, have been obtained. Any such approval erroneously granted in violation of this section shall be void. (Ord. No. 97-11, § 2, 5-5-97)

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 as those established by other provisions of this chapter for the expiration of the approval or conditional approval of a tentative map.

(Ord. No. 97-11, § 2, 5-5-97)

• (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 as described in State Government Code section 66474.2 . However, if 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) An approval or conditional approval 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. All extensions of time are discretionary and may be approved, conditionally approved, or denied.

• (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 13-216 , Duration of approval, appeal and abandonment. If the final map is approved, these rights shall last for the following periods of time:

  • (1) An initial time period of 24 months. 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 paragraph (1) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing time exceeds 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 period set forth in paragraph (1) expires. If the extension is denied, the denial may be appealed to the city council within 15 days.

  • (4) If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (1) through (3) of this subsection, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

• (Ord. No. 97-11, § 2, 5-5-97)

Regardless of other provisions of this chapter, a property owner or designee may seek approvals of permits for development which depart from the ordinance, policies, and standards described in section 13-224(a), Vesting rights. The city may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. (Ord. No. 97-11, § 2, 5-5-97)

The provisions of this section 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 the conditional approval or denial is made in accordance with the ordinances, policies and standards described in section 13-224(a), Vesting rights. (Ord. No. 97-11, § 2, 5-5-97)

If the ordinances, policies or standards described in section 13-224 , Vesting rights, are changed subsequent to the approval or conditional approval of a vesting tentative map, the property owner, or his or her designee, at any time prior to the expiration of the vesting tentative map pursuant to section 13-224(c), Vesting rights, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies or standards for which the amendment is sought. (Ord. No. 97-11, § 2, 5-5-97)