Larkspur Municipal Code Ch. 17.26 Vesting Tentative Maps

Sections: 17.26.010 Purpose and Citation. 17.26.020 Definitions. 17.26.025 Consistency. 17.26.030 Applicability. 17.26.040 Procedure. 17.26.050 Development Rights. 17.26.060 Effect of State and Federal Laws. 17.26.070 City’s Right to Condition or Deny Approval.

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 this title. To accomplish the purpose, this chapter is necessary to preserve the public health, safety and general welfare.

This chapter may be cited as the Vesting Tentative Map Ordinance. (Ord. 1030 § 2(11), 2018; Ord. 730 § II, 1985)

In this chapter:

A. “Vesting tentative map” is 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 this title shall apply. (Ord. 1030 § 2(11), 2018; Ord. 730 § II, 1985)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Larkspur General Plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the Larkspur Municipal Code. (Ord. 1030 § 2(11), 2018; Ord. 730 § II, 1985)

This chapter applies only to residential subdivisions. Beginning January 1, 1988, this chapter will also apply to nonresidential subdivisions. (Ord. 1030 § 2(11), 2018; Ord. 730 § II, 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 requirements of the Vesting Tentative Map Statute and this chapter are met.

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, this title applies 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 an amount established by the City Council; and

3. Evidence of having secured all necessary City land use permits, planned unit development permits,
variances and design review approval as required by the Larkspur Municipal Code; and

4. All information required by resolution adopted by the City Council in accordance with this chapter and
the Vesting Tentative Map Statute. (Ord. 1030 § 2(11), 2018; Ord. 730 § II, 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 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 Larkspur Municipal Code Sections
17.24.110 and 17.24.120, and Government Code Sections 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 within 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 (30) 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
(15) days of the Commission’s decision. (Ord. 1030 § 2(11), 2018; Ord. 730 § II, 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. 1030 § 2(11), 2018; Ord. 730 § II, 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 City’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. 1030 § 2(11), 2018; Ord. 730 § II, 1985)