Chapter 12.38 — VESTING TENTATIVE MAP

• A. A subdivider may file a vesting tentative parcel map for any subdivision for which a parcel map is required, or a vesting tentative tract map for any subdivision for which a tentative tract map is required.

• B. A vesting tentative map shall be filed and processed in the same manner as a tentative parcel map or tentative tract map, as the case may be, except as otherwise provided in this chapter. The application materials for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including, but not limited to, the height, size, and location of all buildings and other improvements.

• (Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)

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

(Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)

• 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 date that the application is complete, except as provided in this section.

• B. If the city has formally initiated proceedings by ordinance or resolution, in accord with the procedure used by it for publication of ordinances, to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the complete application, the city shall apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the city approves or disapproves the tentative map.

• C. If the applicant requires changes in applicable ordinances, policies, or standards in connection with the same development project, any ordinances, policies, or standards adopted pursuant to the applicant's request shall apply.

• D. If Section 66474.2 of the Government Code is repealed, such approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the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.

• (Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)

Notwithstanding Section 12.38.030 , the city council, board, commission, committee, or officer of the city having jurisdiction over a permit, approval, extension, or entitlement may condition or deny such permit, approval, extension, or entitlement if it determines any one of the following:

• A. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to the health or safety, or both.

B. The condition or denial is required, in order to comply with state or federal law. (Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)

The rights conferred by Section 12.38.030 shall expire if a final map is not approved prior to expiration of the vesting tentative map. If the final map is approved, the rights conferred by Section 12.38.030 shall be subject to the periods of time set forth in Section 12.38.080. (Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)

Any time prior to the expiration of the vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to the vesting tentative map. (Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)

• A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. Such a vesting tentative map may be denied, or be approved conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning to eliminate the inconsistency.

• B. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 12.38.030 , confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

• (Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)

• A. The rights conferred by a vesting tentative parcel map shall last for two years beyond the recording of the final map.

• B. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded.

• C. 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 any architectural review permit, if the time used by the city to process the application exceeds thirty days from the date that a complete application is filed. Any time prior to the initial time period provided by this section, the subdivider may apply for a one-year extension.

• D. If the subdivider submits a complete application for a building permit during the time specified in this section, the rights conferred by Section 12.38.030 shall continue until the expiration of the

permit, or any extension of that permit granted by the city. (Ord. 1461 § 5, 1986; Ord. 1947, 4/9/2024)