Chapter 6.085 — VESTING TENTATIVE MAPS

Chapter 6.085 - VESTING TENTATIVE MAPS

Sections:

This chapter establishes procedures necessary for the implementation of and is adopted pursuant to the Vesting Tentative Map Statute (Government Code Sections 66498.1, et seq.).

(Ord. 604 § 1 (part), 1988)

Except as expressly provided to the contrary in this chapter, the provisions of Chapter 6.08 of this code (Subdivisions) shall apply to all projects for which approval is requested under the provisions of this chapter.

(Ord. 760 § 1, 2001: Ord. 604 § 1 (part), 1988)

A "vesting tentative map" is a tentative map for a residential subdivision for which the special rights provided for in Government Code Sections 66498.1, et seq., are requested and which bears conspicuously on its face at the time of its filing the legend "Vesting Tentative Map."

(Ord. 604 § 1 (part), 1988)

No lot or parcel shall be divided, subdivided or developed pursuant to a vesting tentative map unless consistent in all particulars with the General Plan and with any applicable specific plan and with all applicable provisions of this code.

(Ord. 604 § 1 (part), 1988)

This chapter shall apply to all vesting subdivision and parcel maps. In the case of any development in which a tentative map or tentative parcel map is required, a vesting tentative map may be filed at the option

of the developer, in accordance with the provisions of this chapter. If a developer does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be required.

(Ord. 760 § 2, 2001: Ord. 604 § 1 (part), 1988)

A vesting tentative map shall be filed in the same form and have at least the same contents, accompanying data and reports, and shall be processed in the same manner as required for a tentative map. In addition a tentative vesting map shall contain the following:

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 developer shall also supply the following information as applicable:

1.

Right-of-Way. Proposed street widenings and extensions; existing and proposed sidewalks and curb cuts; existing and proposed fire hydrants within three hundred feet of project perimeter; exiting utility poles;

2.

Site and Buildings. Show type and use of all building, existing and proposed; location of buildings to be removed; square footage, by floor, building, lot and total project; all facilities and accessory structures related to underground utilities and street lighting and all mechanical equipment for the buildings and on the site, and appropriate screening method and materials; location and screening of outdoor trash and storage areas;

3.

Parking and Circulation. Showing all parking spaces numbered with total number of spaces given; wheel stops or curb substitute; parking space striping; handicap parking; ingress and egress, including all private drives; pedestrian walkways;

4.

Landscaping. On a separate sheet, plot and identify all existing trees; existing and proposed landscaped areas, detailing all proposed plants by type, size, spacing, and number; screening of adjacent property, if required; square footage of common usable and private open space and patio areas external lighting;

5.

Floor Plans. Designate each room according to its proposed use; indicate whether a ground floor or second floor unit; indicate square footage for units; fully dimension;

6.

Elevations. Show two cross-section lines that clearly portray buildings and grading concept; indicate natural grade (dotted lines) and finished grade (solid lines); provide front, right side, left side, and rear elevations of all buildings; indicate height in feet and stories, materials and colors of all buildings;

7.

Complete preliminary improvement plans for sewer, water drainage, street, grading and appurtenant improvements along with supporting calculations in accordance with engineering department standards and criteria. The engineering department shall review and approve the preliminary plans to verify they are in accordance with city standards before the "Vesting Tentative Map" is acted upon by the planning commission.

(Ord. 760 § 3, 2001: Ord. 604 § 1 (part), 1988)

No vesting tentative map shall be accepted for filing unless accompanied with the filing fee as established by City Council Resolution No. 01-2519 or as otherwise established from time to time by resolution of the city council.

(Ord. 760 § 4, 2001: Ord. 604 § 1 (part), 1988)

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 Chapter 6.08 (Subdivisions) for the expiration of the approval or conditional approval of a tentative map.

(Ord. 604 § 1 (part), 1988)

6.085.090 - Vesting on approval of vesting tentative map.

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 ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

b.

Notwithstanding subsection 66498.1 (b) of the Government Code, a permit, approval, extension, or entitlement may be made conditional or denied if:

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; or

2.

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

(Ord. 760 § 5, 2001: Ord. 604 § 1 (part), 1988)

The rights conferred by a vesting tentative map shall continue for an initial time period of one year following the recording of the final map and shall thereafter lapse and be void. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded. The initial time period shall be automatically extended by any time used for processing a completed application for a grading permit or for design or architectural review, if such processing exceeds thirty days from the date the completed application is filed. A developer may apply to the community development director for a one-year extension at any time before

the initial time period expires. If the extension is denied, the developer may appeal the denial to the city council by filing a written notice of appeal with and paying a filing fee of one hundred dollars to the city clerk within fifteen days after the community development director has given the developer written notice of the denial.

(Ord. 760 § 6, 2001: Ord. 604 § 1 (part), 1988)

Whenever a developer files a vesting tentative map for a development inconsistent with zoning standards and regulations in existence at that time, the inconsistencies shall be noted on the map. The map may be denied or approved or conditioned on an amendment of zoning standards to eliminate the inconsistency. If such an amendment is adopted, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 6.085.090(a), confer, as from the effective date of such amendment, the vested right to proceed with the development in substantial compliance with the zoning standards and regulations, as amended, and the map, as approved.

(Ord. 604 § 1 (part), 1988)