Division 3 — VESTING TENTATIVE TRACT MAPS

(a)

The purpose of this division is to provide procedures for the implementation of Government Code §§ 66498.1—66498.8 relative to vesting tentative tract maps. By this division, the city intends to accomplish all of the following objectives:

(1)

To establish a procedure for the approval of tentative tract maps that will provide certain statutorily vested rights to a subdivider.

(2)

To ensure that city requirements governing the development of a proposed subdivision are established in accordance with Government Code § 66498.1 when the city approves a vesting tentative tract map. The subdivider should be able to rely upon an approved vesting tentative tract map prior to expending resources and incurring liabilities without the risk of having the project frustrated by subsequent amendments to city ordinances, policies and standards which would affect the original approval, provided the time periods established by this division have not elapsed.

(3)

To ensure that the city has maximum discretion, consistent with Government Code § 66498.1, in the imposition of conditions occurring subsequent to the approval of the vesting tentative tract map, so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision.

(Code 1968, § 28-12.1)

(a)

The provisions contained in this division shall regulate the development of vesting tentative tract maps from residential and nonresidential development and shall supersede any other regulations required by this chapter as they relate to such maps.

(b)

If a subdivider does not seek the rights conferred by the vesting tentative tract map statute, the filing of a vesting tentative tract map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction.

(c)

Whenever a provision of this chapter requires that a tentative tract map be filed, a vesting tentative tract map may instead be filed.

(Code 1968, § 28-12.2)

(a)

When a vesting tentative tract map is approved, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect on the date that a notice of official filing is issued by the planning department.

(b)

If Government Code § 66474.2 is repealed, that approval shall confer a right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the planning commission approves the vesting tentative tract map.

(Code 1968, § 28-12.3)

(a)

An applicant for a vesting tentative tract map shall conspicuously label each map with minimum one-inch-high block letters reading "Vesting Tentative Tract Map."

(b)

All applicants for a vesting tentative tract map shall complete a city application entitled "Vesting Tentative Tract Map" and follow all procedures outlined therein.

(c)

All applicants for vesting tentative tract maps shall concurrently submit applications for all other discretionary approvals. This includes but is not limited to design review, conditional use permits and variances.

(Code 1968, § 28-12.4)

In addition to existing ordinances, policies and standards, the city may also condition or deny a permit approval, extension or entitlement relative to vesting tentative tract maps if any one of the following is determined:

(1)

That 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)

That the condition or denial is required in order to comply with state and federal law.

(Code 1968, § 28-12.5)

(a)

The rights conferred by a vesting tentative tract map shall last for a period of one year beyond the recording date of the final map. An additional one-year extension may be granted by the planning commission upon application of the subdivider. If the extension is denied, the subdivider may appeal to the city council within 15 calendar days of such decision.

(b)

Where several final maps are recorded on various phases of a project covered by a single vesting tentative tract map, the one-year time period described in subsection (a) of this section shall begin for each phase when the final map for that phase is recorded.

(c)

The one-year time period described in subsection (a) of this section shall be automatically extended by an equal amount of time used by the city for processing a completed application for a grading permit or building permit, if processing time exceeds 30 days from the date that a completed application for such permit is submitted to the building department.

(d)

If a building permit is issued for the subdivision during the one-year time period described in subsection (a) of this section, the rights conferred by the vesting tentative tract map approved shall continue until the expiration of the building permit.

(Code 1968, § 28-12.6; Ord. No. 1259, § 5, 9-1-98)

(a)

At any time prior to the expiration of the vesting tentative tract map as described in section 26-86, the subdivider or his assignee may apply for an amendment to the vesting tentative tract map.

(b)

The review of any proposed amendments shall be conducted pursuant to the provisions of section 26-59.

(Code 1968, § 28-12.7)

All permit fees, including but not limited to the storm drain fee, sewer expansion fee, school fee, parks and recreation fee, plan check fee and fire points fee, shall be charged at the rate in effect at the time building permits are requested under this division.

(Code 1968, § 28-12.8)

The adoption of the ordinance codified in this division does not enlarge, diminish or alter the types of conditions which may be imposed by the city on a development, nor in any way diminish or alter the power of the city to protect against a condition dangerous to the public health or safety.

(Code 1968, § 28-12.9)

Appeals of decisions made by the planning commission relative to vesting tentative tract maps shall follow the process described in section 26-57.

(Code 1968, § 28-12.10)

Secs. 26-91—26-110. - Reserved.