Chapter 17.840 — VESTING TENTATIVE MAPS

This chapter is enacted under the authority granted by Chapter 4.5 (commencing with section 66498.1) of Division 2 of Title 7 of the California Government Code (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance. (Ord. 2017-0009 § 25)

A. 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 the subdivision ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.

B. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. (Ord. 2017-0009 § 25)

No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the Subdivision Map Act. (Ord. 2017-0009 § 25)

A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions hereof and chapter 17.828.

B. 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. 2017-0009 § 25)

A vesting tentative map shall be filed in the same form and have the same contents as set forth in this title for a tentative map. The vesting tentative map shall be subject to the additional minimum requirements set forth in subsection B of this section. The subdivider shall be provided written notice at the time the proposed vesting tentative map is determined to be complete by the planning director. The vesting tentative map, accompanying data and reports 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, the subdivider shall also supply the following information:

1. Plans for all public works improvements to be constructed as a condition of the subdivision, prepared by a registered civil engineer in accordance with city standards and approved by the director of public works;

2. Plans for all site development, including, but not limited to, grading, drainage facilities and miscellaneous structures, prepared by a registered civil engineer in accordance with city standards and approved by the director of public works;

3. Geological studies in such form as acceptable to the director of public works and the building inspections superintendent, which shall include detailed soils reports, seismic analysis, bank stabilization, and other factors pertinent to the particular site location;

4. Specific information on the uses to which the proposed buildings will be put;

5. The height, size, and location of all buildings, building setbacks, number of stories, and driveway locations;

6. Architectural plans satisfactory for review by the planning director, including site plans, floor plans, exterior elevations and necessary structural calculations, energy calculations, and information necessary for building permit plan checks;

7. Landscape plans, including planting and irrigation details and drawings and specifications as prepared by a licensed landscape architect or contractor satisfactory for review by the planning director;

8. Traffic reports and analysis, in a form approved by the director of public works;

9. Acoustical report, prepared by a licensed engineer in a form acceptable to the planning director following the guidelines of the noise element of the general plan;

10. Sewer, water, storm drainage, road and other studies required to complete the plans;

11. Flood control information and statements showing compliance with flood hazard regulations;

12. Existing and proposed overhead and underground utility improvement details;

13. A tree preservation plan. If there are no trees on the site, a statement to that effect should appear on the vesting tentative map. The tree preservation plan shall accurately identify all existing trees as to species, trunk size and dripline. Trees that are proposed for removal shall be marked "TO BE REMOVED." Any provisions for tree preservation, transplanting, or new planting shall be identified;

14. In those circumstances where a development plan review is required by ordinance, development agreement, conditional use permit, or by a condition of previous approval, such review application and all exhibits necessary for the review shall be submitted concurrently with the application for a vesting tentative map;

15. In those circumstances where the project requires concurrent discretionary approval as set forth in the city Planning and Development Code, all exhibits necessary for such application shall be submitted concurrently with the application for a vesting tentative map;

16. Such other exhibits that fully depict features of the development which the developer desires review for the purpose of approval concurrently with the vesting tentative map.

The planning director may request, and the applicant shall promptly furnish, information as may reasonably be necessary to enable the director to evaluate the vesting effect which would follow from approval of the map.

C. In the case of a vesting tentative map, the application shall be filed concurrently with any plan amendments, rezoning, PUD designations, conditional use permits, or other entitlements necessary to make the vesting tentative map comply with all applicable plans and ordinances. Vesting tentative maps may not be approved with the condition that the necessary entitlement(s) be subsequently approved. (Ord. 2017-0009 § 25)

The approval of a vesting tentative map by the city council shall confer a vested right to apply for permits needed to proceed with development and have the city exercise its discretion to approve, disapprove, or approve such permits

with conditions, on the basis of ordinances, policies, and standards in effect at the time the application was determined to be complete pursuant to section 65943 of the California Government Code.

A. This chapter does not enlarge, diminish, or alter the power of the city council to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project.

B. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any state or federal laws, regulations, or policies.

C. In the event that section 66474.2 of the California Government Code is repealed, any subsequent approvals of vested maps shall confer a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect at the time the vesting map is approved or conditionally approved, rather than at the time the application was determined to be complete.

D. Notwithstanding this chapter, the city council or agencies thereof may condition or deny a permit, extension or entitlement, including, but not limited to, final maps and building permits, 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;

2. The condition or denial is required in order to comply with state or federal law. (Ord. 2017-0009 § 25)

In administering an approved vesting tentative map, the following shall be applicable:

A. Approval of a vesting tentative map applies only to actions considered and approved by the city council. If the vesting tentative map was approved with conditions, the approval is subject to those conditions. If related applications for discretionary permits were approved in conjunction with the vesting tentative map, the approvals are subject to applicable ordinances, policies, and standards granting those entitlements, including any conditions thereof.

B. The rights conferred by approval of a vesting tentative map shall last one year from recordation of the final map. C. When several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial "vesting period" shall begin for each phase on the date the final map for that phase is recorded.

D. Extension by Moratorium or Stay. Vesting rights shall automatically be extended by any time used by a city department for processing a complete application for a grading permit or for design or architectural review, if the time used by the city exceeds 30 days from the date a complete application is filed.

E. Automatic Extension. Vesting rights shall automatically be extended by any time used by a city department for processing a complete application for a grading permit or for design or architectural review, if the time used by the city exceeds 30 days from the date a complete application is filed. (Ord. 2017-0009 § 25)

Vested rights that have been conferred shall end on the occurrence of the following, whichever comes first:

• A. A final map is not recorded within one year of approval of the vesting tentative map.

• B. If a final map is recorded, the vesting rights shall end one year after the date of final map recordation.

C. The expiration of a building permit, including extension, issued pursuant to a vesting tentative map, and issued during the time vesting rights are valid. (Ord. 2017-0009 § 25)