National City Municipal Code Ch. 17.06 Vesting Tentative Maps

This chapter is enacted pursuant to the authority granted by the Vesting Tentative Map Statute, Chapter 4.5, commencing with Section 66498.1, of Division 2 of Title 7 of the Government Code of the state.

(Ord. 1964 § 1 (part), 1988)

It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply.

(Ord. 1964 § 1 (part), 1988)

A. Whenever a tentative map or a tentative parcel map is filed for a residential or nonresidential development, the subdivider may file a vesting tentative map or vesting tentative parcel map subject to the provisions of this chapter.

B. At the time a vesting tentative map is filed it shall have printed conspicuously on its face "Vesting Tentative Map." If the map is a vesting tentative parcel map the words "Vesting Tentative Parcel Map" shall appear conspicuously on its face.

C. In addition to the other information required by this title to be shown on or provided with a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel map shall show or be accompanied by the following information in a form satisfactory to the director of planning:

1. The height, bulk and location of proposed buildings;

2. Plans and specifications for all public facilities including but not limited to on-site and off-site sewer, water, drainage, roads, and other improvements. The subdivider shall submit detailed geological, drainage, flood control, soils, traffic, acoustical, market feasibility, fiscal impact or other reports deemed necessary by the city engineer or director of planning to permit a complete review of the design and improvements for the subdivision;

3. Detailed final grading plans showing existing and proposed finished grades at two-foot intervals;

4. Information on the uses to which the buildings will be put and general architectural renderings of the buildings;

5. Detailed landscape plans.

D. All vesting tentative maps, regardless of the number of lots, shall be considered by the city council after a report and recommendation by the planning commission.

E. All vesting tentative parcel maps shall be referred to the planning commission for consideration. The decision of the planning commission concerning a tentative parcel map shall be final except as otherwise provided by this title regarding appeals and city council review.

F. The time for filing a final map for a vesting tentative map shall not be extended. Failure to file a final map within the time period established at the time of tentative map approval shall eliminate all proceedings, and no final map or parcel map for all of any part of the property included within the vesting tentative map shall be filed without first processing a new tentative map pursuant to this title.

G. The time for filing a parcel map for a vesting tentative parcel map shall not be extended. Failure to file a parcel map within the time period established at the time of tentative map approval shall eliminate all proceedings, and no final map or parcel map for all or any part of the property included within the vesting tentative map shall be filed without first processing a new tentative parcel map pursuant to this title.

H. A vesting tentative map or vesting tentative parcel map shall not be approved or conditionally approved unless the city council or planning commission, whichever is the final decision-making body, finds on the basis of the studies and reports submitted by the subdivider that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision will be available for the entire time that the vesting tentative map or vesting tentative parcel map is valid plus any time during which the rights conferred by Section 17.06.040 exists.

(Ord. 1964 § 1 (part), 1988)

A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a right to proceed with development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed the approval or conditional approval 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 or vesting tentative parcel map was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the city council.

B. Notwithstanding subsection (A) of this section, the permit or entitlement for development may be conditionally approved or denied if at the time of the issuance of the permit approval or entitlement it is determined by the issuing authority or the city council on appeal:

1. A failure to condition or deny the permit or entitlement would place the residents of the subdivision or of 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 law.

C. The rights conferred by a vesting tentative map or the vesting tentative parcel map shall expire if:

1. A final map or parcel map is not approved prior to the expiration of the vesting tentative map or the vesting tentative parcel map; or

2. The applicant has requested and the city has approved a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved.

D. Upon the filing of a final map or parcel map for a vesting tentative map or vesting tentative parcel map the rights conferred by subsection (A) of this section shall continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map this period shall begin for each phase when the final map or parcel map for that phase is recorded.

E. The time period set forth in subsection (D) 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 exceeds thirty days from the date a complete application is accepted.

F. A subdivider may file a request with the director of planning for a one-year extension of the rights conferred by subsection (D) of this section at any time before the time period set forth in subsection (D) of this section expires. An extension may be granted only if the council or planning commission, whichever was the approving body, finds that the map still complies with the requirements of this chapter. The planning commission or city council may approve, conditionally approve or deny an extension in its sole discretion. The planning commission's decision shall not be appealable. Where the city council is the approving body, it shall consider the recommendation of the planning commission.

G. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (D) through (F) of this section the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.

H. Upon the expiration of the time limits specified in subsections (C), (D), (E), (F), or (G) of this section all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter.

(Ord. 1964 § 1 (part), 1988)

No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map and the design or improvement of the proposed development are not consistent with the applicable general, specific or master plans or with the applicable provisions of Title 18. If development of the project for which a vesting tentative map or vesting tentative parcel map requires any permits or approvals pursuant to Title 18 of this code (Zoning), those permits or approvals shall be processed concurrently with the vesting tentative map or vesting tentative parcel map. A vesting tentative map or vesting tentative parcel map shall not be approved if all other discretionary permits or approvals have not been approved either prior to or concurrently with approval of the map.

(Ord. 1964 § 1 (part), 1988)