Fremont Municipal Code Art. V Vesting Tentative Maps

Unless this title or the Subdivision Map Act indicates otherwise, a vesting tentative map shall be filed in the same form; have the same contents, accompanying data, and reports; and shall be processed in the same manner as set forth in this title for a tentative map or a tentative parcel map. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.1.)

When a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.2.)

Approval or conditional approval of vesting tentative maps shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.3.)

(a) 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 Cal. Gov’t Code § 66474.2.

However, if Cal. Gov’t Code § 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinance, policies, and standards in effect when the vesting tentative map is approved.

(b) Notwithstanding subsection (a) of this section, a permit or other entitlement may be made conditional or denied if any of the following are determined:

(1) A failure to do so would place the subdivision or immediate community residents in a condition dangerous to their health or safety.

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

(c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map. 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 subsection (c)(1) of this section shall be extended automatically by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

(3) A subdivider may apply for a one-year extension before the initial time period set forth in subsection (c)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council under Section 17.20.090.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.4.)

Notwithstanding any provision of this title, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 17.20.470. The advisory agency may grant these approvals or issue these permits to the extent that the departures are authorized under law applicable at the time of approval or issuance. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.5.)