El Cerrito Municipal Code Ch. 18.13 Vesting Tentative Maps

A. The purpose of this chapter is to establish a procedure for the approval of a tentative map that provides certain statutorily vested rights to a subdivider under the Vesting Tentative Map Statute (Government Code Section 66498.1 et seq.). This chapter is enacted pursuant to the authority of that statute, implements and supplements that statute, the Subdivision Map Act and Title 18 of this code. To accomplish the purpose, the ordinance codified in this chapter is necessary to preserve the public health, safety and general welfare.

B. This chapter may be cited as the vesting tentative map ordinance.

(Ord. 85-11 § 2 (part), 1985.)

In this chapter the following terms shall have the following meaning:

A. "Vesting tentative map" means a tentative map for a residential subdivision which has been filed, processed and approved in accordance with the Vesting Tentative Map Statute and this chapter and which has printed conspicuously on its face the words "Vesting Tentative Map";

B. All other definitions set forth in Title 18 of this code shall apply.

(Ord. 85-11 § 2 (part), 1985.)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the El Cerrito general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the municipal code.

(Ord. 85-11 § 2(part), 1985.)

This chapter applies only to residential subdivisions. Beginning January 1, 1988, this chapter will also apply to nonresidential subdivisions.

(Ord. 85-11 § 2 (part), 1985.)

A. Option to File Vesting Tentative Map. When a tentative map is required, a subdivider has the option to file a vesting tentative map instead, provided all of the requirements of this chapter and the Subdivision Map Act are complied with.

B. Filing. A vesting tentative map shall have printed conspicuously on its face the words "Vesting Tentative Map" before the city may accept it for filing.

C. Subdivision Ordinance Applies. Except as otherwise provided in this chapter, the pro-visions of Title 18 of this code (Divisions of Land) apply to a vesting tentative map and a vesting tentative map is processed in the same manner and is subject to the same time periods as a tentative map.

D. Accompanying Data. A subdivider shall provide the following as part of the application for a vesting tentative map:

1. Information which is required for the filing of an ordinary tentative map; and

2. A filing fee in accordance with the current fee schedule established by the city; and

3. Evidence of having secured all necessary city land use permits, including use permits, planned unit development permits, variances and design review approval, as required by this code; and

4. All information required by resolution adopted by the city council in accordance with the Vesting Tentative Map Statute and this chapter.

(Ord. 85-11 § 2 (part), 1985.)

A. Development Rights Created. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's ordinances, policies and standards in effect at the date the city determines the vesting tentative map application is complete.

B. Duration of Development Rights. The right to proceed with development as set forth in subsection A of this section continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one-year period begins for each phase when the final map for that phase is recorded.

C. Expiration of Development Rights.

1. The right to proceed with development as set forth in subsection A of this section expires if a final map is not approved before the vesting tentative map expires.

2. The time within which a final map may be filed is governed by Section 18.16.010 of this code and Government Code Section 66452.6(a), (d) and (e).

3. If, during the one-year period specified in subsection B of this section, the subdivider submits a complete application for a building permit on one or more lots in the subdivision, the right to proceed with development on those lots continues until the building permit on those lots expires.

4. If a final map is recorded based upon a vesting tentative map and the development rights expire, the final map remains in effect without the development rights.

D. Extension of Time for Exercise of Development Rights.

1. If the city does not process an application for a grading permit or for design or architectural review within thirty days of the date the application is complete, the one-year period specified in subsection B of this section is automatically extended by the time exceeding the thirty-day period used by the city to complete processing.

2. Before the expiration of the one-year period specified in subsection B of this section, a subdivider may apply to the planning commission for a one-year extension. A decision of the planning commission granting or denying an extension may be appealed to the city council by filing a written notice of appeal within fifteen days of the commission's decision.

(Ord. 85-11 § 2 (part), 1985.)

This chapter relates only to the imposition of conditions and requirements imposed by the city and does not affect the obligation of a subdivider to comply with the conditions and requirements of state or federal laws, regulations or policies.

(Ord. 85-11 § 2 (part), 1985.)

A. This chapter does not:

1. Enlarge or diminish the types of conditions which the city may impose on a development; or

2. Diminish or alter the town's power to protect against a condition dangerous to the public health or safety.

B. The city may condition or deny a permit, approval, extension or entitlement relating to a vesting tentative map if it determines that either;

1. The failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety; or

2. The condition or denial is required to comply with state or federal law.

(Ord. 85-11 § 2(part), 1985.)

The city council may adopt rules and regulations it considers necessary to implement and ensure compliance with this chapter.

(Ord. 85-11 § 2(part), 1985.)