SEC. 28.17. - Vesting maps; applicability.

a.

This article shall apply to all developments. Whenever provisions of the Subdivision Map Act, as implemented and supplemented by this article, require the filing of a tentative or preliminary parcel map for a development project, a vesting tentative map or vesting preliminary parcel map may instead be filed, in accordance with the provisions of this article and the Subdivision Map Act.

b.

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

(Ord. No. 3.22, § 1, 4/12/22.)

A vesting tentative or preliminary parcel map shall be filed with the community development department in the same application form and have the same contents, accompanying data and reports and shall be subject to the same fees and processed in the same manner as required for a nonvesting tentative or preliminary parcel map. In addition, the vesting map shall have printed conspicuously on its face the words "vesting tentative map" or "vesting preliminary parcel map," as appropriate. A map filed without this printing shall not be a vesting tentative map or vesting preliminary parcel map, and the provisions hereof shall not apply to such a map.

(Ord. No. 3.22, § 1, 4/12/22.)

a.

The approval or conditional approval of a vesting tentative or preliminary parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect on the date the application for a vesting tentative or preliminary parcel map is determined to be complete except for previously initiated proceedings to amend or enact ordinances, policies or standards.

b.

Notwithstanding subsection a. of this Section, a permit, approval, extension or entitlement may be made conditionally or denied if any of the following are 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.

2.

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

c.

The rights referred to herein shall expire if a final or parcel map is not approved prior to the expiration of the vesting tentative or preliminary parcel map. If the final or parcel map is approved, these rights shall last for the following periods of time:

1.

The initial period of time shall be one (1) year after the final or parcel map is recorded. Where several final or parcel maps are recorded on various phases of a project covered by a single vesting tentative or preliminary parcel map, the one (1) year initial time period shall begin for each phase when the final or parcel map for that phase is recorded.

2.

The initial time period set forth in subsection c.1. of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing time exceeds thirty (30) days from the date a complete application is filed.

3.

A subdivider may apply for an extension in accordance with Article XIV of this Chapter.

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. No. 3.22, § 1, 4/12/22; Ord. No. 02.2024, § 13, 1/23/24.)

If the ordinances, policies or standards described in Section 28.17.10 are changed subsequent to the approval or conditional approval of a vesting tentative or preliminary parcel map, the subdivider, at any time prior the expiration of the vesting tentative map pursuant to subsections 28.17.10 c.1. through c.3., may apply to the community development department for an amendment to the vesting tentative or preliminary parcel map to secure a vested right to proceed with the changed ordinances, policies or standards. The

application shall clearly specify the changed ordinances, policies or standards for which the amendment is sought.

(Ord. No. 3.22, § 1, 4/12/22.)

Nothing herein shall be construed to limit, restrict or modify the authority of the city to collect any fees, taxes or any other exactions, which are not or may hereafter by ordinance be imposed, as a condition to the city issuance of permits, approvals or entitlements to proceed with any development for which a vesting tentative or preliminary parcel map may have been approved, or conditionally approved, under this article. The city expressly reserves both the right to increase any existing fees or taxes now required as a condition to the issuance of any such permits, approvals or entitlements, and the right hereafter to impose any additional fees or taxes as conditions to the future issuance of such permits, approvals or entitlements, if, in the sole judgment of the city council, the public health, safety or welfare shall so require.

(Ord. No. 3.22, § 1, 4/12/22.)

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 terms and extensions as are applicable for tentative maps. Similarly, the approval or conditional approval of a vesting preliminary parcel map shall expire at the end of the same time period and shall be subject to the same terms and extensions as are applicable for preliminary parcel maps.

(Ord. No. 3.22, § 1, 4/12/22.)

ARTICLE XIII. - LOT LINE ADJUSTMENTS.