Pismo Beach Municipal Code Ch. 16.27 Vesting Tentative Maps

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 the municipal code. (Ord. 86-4, § 2 (part), 1986)

A. This ordinance shall apply only to residential developments.

B. 1. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the City Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed. 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 in this Chapter for a tentative map, except that at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

2. 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 date the city determines the application to be complete.

C. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, 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. 86-4, § 2 (part), 1986)

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 in the Subdivision Ordinance for a tentative map except as hereinafter provided:

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

B. At the time a vesting tentative map is filed a subdivider shall also supply the information described in Sections 16.26.040, 16.26.050 and/or 16.32.020 of the Subdivision Ordinance. (Ord. 86-4, § 2 (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 the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map. (Ord. 86-4, § 2 (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. Notwithstanding subsection (A) 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.

C. 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 16.27.040. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of two years. Where several final 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 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 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 subsection (C)(1) expires. If the extension is denied by the planning commission, 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 subsections (C)(1)--(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. 86-4, § 2 (part), 1986)