Chapter 19.20 — VESTING TENTATIVE MAPS

§ 19.20.010. Purpose (California Government Code Section 66498.1).

This chapter is enacted to implement California Government Code Section 66498.1 et seq.
Whenever a provision of this title requires that a tentative tract map or tentative parcel map be
filed, a vesting tentative tract map or tentative parcel map may be filed instead.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 814, 2023)

§ 19.20.020. Vested Right to Proceed (California Government Code Sections 66498.1,
66498.5, 66474.2).

A. Right to Proceed With Development. 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 California Government
Code Section 66474.2. However, if California Government Code Section 66474.2 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repealed, the approval or conditional approval of a vesting tentative map shall confer a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. City Retains Right to Condition or Deny. Notwithstanding subsection (A) of this Section,
the City may condition or deny a permit, approval, extension or entitlement if it determines
any of the following: (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 law.

C. Expiration of Rights. The rights conferred by this section shall expire if a final map is not
approved prior to the expiration of the vesting tentative map. If the final map is approved,
the rights conferred by this section shall be subject to the periods of time set forth in Section
19.20.060.

D. Vesting Map Filing Not a Prerequisite to Development Approval. If a subdivider does not
seek the rights conferred by this section, 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.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 §§ 815, 816, 2023)

Section 66498.3).

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code or Districting Maps in existence at that time, that inconsistency shall be noted on the vesting tentative map. The City may deny a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Code or Districting Maps to eliminate the inconsistency. If the change in the Zoning Code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection (A) of Section 19.20.020, confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Code or Districting Maps, as approved. The rights conferred by this section shall be subject to the

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City of Newport Beach, CA § 19.20.030 SUBDIVISIONS § 19.20.050

periods of time set forth in Section 19.20.060. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 817, 2023)

A. Map Title. A vesting tentative map shall have the words “Vesting Tentative Map” printed conspicuously on its face.

B. Application Requirements. Vesting tentative maps shall be accompanied by the same
supporting materials and shall conform to the same requirements as other tentative maps,
as set forth in Chapter 19.08, except as otherwise provided in subsection (C) of this section.

C. Additional Supporting Materials. At the time a vesting tentative map is filed, the subdivider
shall supply the following information in addition to that required of other tentative maps
per Chapter 19.08:

1. Site plans showing the size and location of all proposed buildings, driveways,
parking, landscaping and walls, and other pertinent information in sufficient detail to
determine the height and square footage of each structure and its conformance with
existing regulations or changes in regulations which have been requested by the
subdivider;

2. Information on the uses to which each structure will be put;

3. Plans, specifications and reports for all public facilities including, but not limited to,
fire access, on-and off-site sewer, water, drainage, roads and other public
improvements, meeting the approval of the City Engineer;

4. Detailed grading plans showing all existing and proposed contours and elevations,
meeting the approval of the City Engineer; and

5. Any additional plans, reports or studies required by the City which are, in the opinion
of the Community Development Director, necessary to process the subdivision of
land and development thereon.

D. Review of Vesting Tentative Maps. Vesting tentative maps shall be subject to the same
review procedures as set forth for other tentative maps in Chapter 19.12. No vesting
tentative map shall be approved unless the decision making body makes all of the findings
required for tentative map approval as set forth in Section 19.12.070.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2013-11 § 187, 2013)

Code Sections 66498.1, 66498.6).

A. Conditions Which May be Imposed. This chapter does not enlarge, diminish or alter the
types of conditions which may be imposed by the City on a development, nor in any way
diminish or alter the power of the City to protect against a condition dangerous to the public
health or safety.

B. Conditions of Approval During Subsequent Review Phases Not Limited. An approved or
conditionally approved vesting tentative map shall not limit the City from imposing
reasonable conditions on subsequent required approvals or permits necessary for the
development and authorized by the General Plan, this Subdivision Code and other

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City of Newport Beach, CA § 19.20.050 NEWPORT BEACH CODE § 19.20.070

applicable ordinances, policies and standards in effect at the time the vesting tentative map
is approved or conditionally approved.

C. Obligation to Comply with State and Federal Laws. The rights conferred by this chapter
shall relate only to the imposition by the City of conditions or requirements created and
imposed by City ordinances. Nothing in this chapter removes, diminishes or affects the
obligation of any subdivider to comply with the conditions and requirements of any State
or Federal laws, regulations or policies and does not grant the City the option to disregard
any State or Federal laws, regulations or policies.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 818, 2023)

Section 66498.5).

A. Expiration of Map. Approved vesting tentative maps shall expire at the end of the same
time period and shall be subject to the same time extensions as established for other
tentative maps in Chapter 19.16.

B. Effect of Vesting Map Expiration. The rights conferred by this section shall expire if a final
map is not approved prior to the expiration of a vesting tentative map.

C. Expiration of Right to Proceed. If the final map is approved, the right to proceed with
development conferred by this section shall expire one year from the date of recordation of
the final map. Where several final maps are recorded on various phases of a project covered
by a single vesting tentative map, the one year initial time period shall begin for each phase
when the final map for that phase is recorded.

D. Time Extensions for Right to Proceed. The one year initial time period to proceed with
development shall be automatically extended by any time used by the City for processing a
complete application for a grading permit or for design or architectural review if the time
used by the City to process the application exceeds thirty (30) days from the date a
complete application is filed. At any time prior to expiration of the initial time period
provided by this section, the subdivider may apply to the original decision making body for
a one year extension. If the extension is denied, the subdivider may appeal that denial to
the City Council within fifteen (15) days pursuant to the same procedures as for tentative
maps set forth in Chapter 19.16.

E. Extension Via Application for Building Permit. If the subdivider submits a complete
application for a building permit during the time periods for proceeding with development
provided in this section, the right to proceed with development shall continue until the
expiration of that permit or extension thereof granted by the City.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 819, 2023)

Section 66498.2).

A. Amendments in Response to Changes in City Policies or Standards. If the General Plan, this Subdivision Code or other applicable policies or standards of the City are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider or the subdivider’s assignee, at any time prior to the expiration of the vesting tentative map, pursuant to Section 19.20.060, may apply for an amendment to the vesting

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City of Newport Beach, CA § 19.20.070 SUBDIVISIONS § 19.20.070

tentative map to secure a vested right to proceed with development in accordance with said changes. The application for map amendment submitted by the subdivider shall clearly specify the change in the General Plan, this Subdivision Code or other policies or standards for which the amendment is sought.

B. Amendment Filing Procedure. Proposed amendments to approved or conditionally approved vesting tentative maps, whether in response to changes in City policies or standards or for any other reason, shall be filed and processed in the same manner as for other tentative maps, as set forth in Chapter 19.12. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 820, 2023)

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City of Newport Beach, CA § 19.24.010 SUBDIVISIONS § 19.24.010