Cupertino Municipal Code Ch. 18.28 Vesting Tentative Subdivision Maps

The form, contents, submittal and approval of vesting tentative subdivision maps shall be governed by the provisions of this chapter.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 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 the Zoning Ordinance or other applicable provisions of the Municipal Code.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. Whenever a provision of the Map Act, as implemented and supplemented by other provisions of this title, requires filing of a tentative map or tentative parcel map, 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. 2085, § 2 (part), 2011; Ord. 1948, (part), 2004; Ord. 1384, Exhibit A (part), 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 other provisions of this title for a tentative map except as follows:

A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

B. A conceptual zoning plan must be adopted and in effect and a planned development permit must be approved and in force prior to the filing of a vesting tentative map for property located in a planned development zone.

C. A development zoning plan or conceptual zoning plan must be adopted as in effect prior to the filing of a vested tentative map for the subject property.

D. At the time a vesting tentative map is filed, a subdivider shall also file these other applications, complete with required fees, plans, and other documentation that would otherwise be required for the recordation of a final map and issuance of building permits.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1948, (part), 2004; Ord. 1384, Exhibit A (part), 1986)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the other provisions of this title for the filing and processing of a tentative map. Unless otherwise stated in other provisions of this title and established fee schedules, the amount of the fee shall be determined at the time the final map is authorized by City Council for recordation.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (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 other provisions of this title for the expiration of the approval or conditional approval of a tentative map.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. Vesting. 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.

B. Conditional or Denial. 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 residence of the subdivision or the immediate community, or both, in a condition dangerous to their health and/or safety;

2. The condition or denial is required in order to comply with State or Federal law.

C. Duration of Rights. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 18.28.070. 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 subdivision 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 such processing exceeds thirty 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 subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within fourteen days.

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

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)