Chapter 21.13 — VESTING TENTATIVE MAPS

(a) This chapter shall apply only to residential and nonresidential developments. Whenever a provision of the Subdivision Map Act (commencing with Section 66410 of the Government Code), as implemented and supplemented by this subdivision ordinance (Title 21 of the Palo Alto Municipal Code), requires the filing of a tentative map or preliminary parcel map for a residential or nonresidential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.

(b) If a subdivider does not seek the rights conferred by a vesting tentative map, 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. 4109 § 1 (part), 1992: Ord. 3689 § 3 (part), 1986)

(a) Filing and Processing. 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 for a tentative map in Title 21 of the Palo Alto Municipal Code, except as provided herein:

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

(2) Prior to filing a vesting tentative map, a subdivider shall obtain all discretionary approvals that will be required under the Palo Alto Municipal Code in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development. Such discretionary approvals may include, but are not limited to, amendments to the comprehensive plan land use map, amendments to the zoning map, architectural review pursuant to Chapter 18.76 (Permits and Approvals) of the Palo Alto Municipal Code, and site and design review pursuant to Chapter 18.82 of the Palo Alto Municipal Code. An application for a vesting tentative map shall be determined to be incomplete until all other applicable discretionary approvals are processed and acted upon in accordance with the Palo Alto Municipal Code and applicable state law.

(b) Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the Palo Alto municipal fee schedule for the filing and processing of a tentative map.

(c) Expiration. 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 extensions established by this title for the expiration of the approval or conditional approval of a tentative map.

(Ord. 4826 § 141, 2004: Ord. 4109 § 1 (part), 1992: Ord. 3689 § 3 (part), 1986)

(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 in effect at the time that an application is determined to be complete by the city, provided that any fees required as a condition of approval of a vesting tentative map, unless otherwise specified, shall be payable at the rates in effect at the time building permits are issued. This section is further governed by Government Code Sections 65943 and 66474.2, and any successor legislation. This chapter shall not be interpreted to create any rights for subdividers beyond those expressly required by the Vesting Tentative Map Law (Government Code Sections 66498.1 et seq., as may from time to time be amended).

(b) Notwithstanding subsection (a) of this section, a subsequent permit, approval, extension, building permit, or entitlement may be made conditional or denied pursuant to later ordinances, policies and standards if any of the following are determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety;

(2) The condition or denial is required, in order to comply with a state or federal law.

(c) The rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 21.13.020(c). If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one year beyond the recording of the final map. Where several maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(2) The initial time period set forth in subdivision (1) of this subsection 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 filed.

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision (1) of this subsection expires. If the extension is denied by the director of planning and community environment, the subdivider may appeal that denial to the city council within fifteen days.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) through (3) of this subsection, the rights referred to in this chapter shall continue until the expiration of that permit or any extension of that permit.

(Ord. 4109 § 1 (part), 1992: Ord. 3689 § 3 (part), 1986)

Anytime prior to the expiration of the vesting tentative map pursuant to Section21.13.020(c), the subdivider, or his assignee, may apply for an amendment to the vesting tentative map in accordance with the provisions of Section 21.12.110.

(Ord. 4109 § 1 (part), 1992: Ord. 3689 § 3 (part), 1986)