Article 15 — VESTING TENTATIVE MAPS

Note: Sections 9-2.1401 through 9-2.1407, as added by Ordinance No. 749, effective August 15, 1986, renumbered to Sections 9-2.1501 through 9-2.1507 by codifier because Sections 9-

2.1401 through 9-2.1407 are in use.

• (a) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provisions of this article.

• (b) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

• (§ 2, Ord. 749, eff. August 15, 1986, as amended by § 47, Ord. 1102, eff. February 4, 2012)

A vesting tentative map shall be filed in the same form, and have the same contents, accompanying data, and reports, and shall be processed in the same manner as set forth in this chapter for a tentative map, except as follows:

• (a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

The Planning Director may request, and the applicant shall promptly furnish, such further information as may reasonably be necessary to enable the Planning Director to evaluate on behalf of the City the vesting effect which would follow from the approval of the map.

(§ 2, Ord. 749, eff. August 15, 1986, as amended by § 48, Ord. 1102, eff. February 4, 2012)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the City for the filing and processing of a tentative map.

(§ 2, Ord. 749, eff. August 15, 1986)

The approval or conditional approval of a vesting tentative map shall be in accordance with the timelines, including extensions, as stated within the Subdivision Map Act. (§ 2, Ord. 749, eff. August 15, 1986, as amended by § 49, Ord. 1102, eff. February 4, 2012)

• (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 Section 66474.2 of the Government Code of the State.

However, if said Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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 the provisions of subsection (a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is determined:

  • (1) 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 laws.

• (c) The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 9-2.1504 of this article. If the final map is approved, such rights shall last for a period as specified in the Subdivision Map Act.

• (§ 2, Ord. 749, eff. August 15, 1986, as amended by § 50, Ord. 1102, eff. February 4, 2012)

• (a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at that time, such inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the approved or conditionally approved vesting tentative map, notwithstanding subsection (a) of Section 9-4.1505 of this article, shall confer a vested right to proceed with the development in substantial compliance with the change in the zoning provisions and the map as approved.

• (b) The rights conferred by this section shall be for the time periods set forth in subsection (c) of Section 9-2.1505 of this article.

• (§ 2, Ord. 749, eff. August 15, 1986)

Notwithstanding any provision of this article, a property owner or designee may seek approvals or permits for developments which depart from the ordinances, policies, and standards described in subsection (a) of Section 9-2.1505 and in Section 9-2.1506 of this article, and local agencies may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.

(§ 2, Ord. 749 eff. August 15, 1986)