Chapter 18.18 — VESTING TENTATIVE MAPS

(a)

This chapter is adopted to supplement and implement state law relating to vesting tentative maps.

(b)

The purpose of this chapter is to establish procedures necessary for the implementation of the statute relating to vesting tentative maps, and to supplement the provisions of the Subdivision Map Act and this title 18. Except as otherwise provided in this chapter, the provisions of this title 18 shall apply to vesting tentative maps.

(Code 1972, § 18.18.010; Ord. No. 665, § 1(part), 1986)

(a)

This chapter shall apply to residential and nonresidential development.

(b)

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by title 18 requires the filing of a tentative map or tentative map for a residential or nonresidential development, a vesting tentative map may be filed in accordance with the provisions of this chapter.

(Code 1972, § 18.18.020; Ord. No. 665, § 1(part), 1986; Ord. No. 811, § 1, 1989)

Every person submitting a vesting tentative map shall pay a processing fee in an amount prescribed by resolution of the city council.

(Code 1972, § 18.18.030; Ord. No. 665, § 1(part), 1986)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this Code. A vesting tentative map shall not be filed unless it is consistent with the existing zoning on the property proposed to be subdivided.

(Code 1972, § 18.18.040; Ord. No. 665, § 1(part), 1986)

(a)

Vesting tentative maps shill be filed with the planning department and shall be processed in accordance with the Subdivision Map Act, this title 18 and this chapter.

(b)

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

(c)

At the time a vesting tentative map is filed, the subdivider shall also provide the planning department with the following information:

(1)

Height, size and location of buildings;

(2)

Proposed use of building;

(3)

Architectural plans;

(4)

Flood control information;

(5)

Sewer, water, storm drain and road details;

(6)

Geological studies.

(Code 1972, § 18.18.050; Ord. No. 665, § 1(part), 1986)

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 Code for the expiration of approval or conditional approval of a tentative map.

(Code 1972, § 18.18.060; Ord. No. 665, § 1(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 described in Government Code section 66474.2.

(b)

However, if 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.

(c)

Notwithstanding subsections (a) and (b) of this section, a permit, approval, extension or entitlement may be made conditional 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.

(d)

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 18.18.060.

(e)

In the event 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.

(2)

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.

(3)

The initial time period 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 30 days from the date that a complete application is filed.

(4)

The subdivider may request a one-year extension at any time prior to the expiration of the initial time period provided by this section. The application shall state the reasons for requesting the extension. The council shall consider the application as soon as practicable after filing. The council shall set forth its reasons for granting any extension.

(5)

If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to herein shall continue until the expiration of that permit or any extension of that permit granted by the city.

(Code 1972, § 18.18.070; Ord. No. 665, § 1(part), 1986)

CHAPTER 18.19. - DEVELOPMENT AGREEMENTS