Chapter 19.13

VESTING TENTATIVE MAPS

Sections:

• 19.13.020 Definitions.

• 19.13.030 Applications.

• 19.13.040 Procedures.

• 19.13.050 Fees.

• 19.13.060 Expirations.

• 19.13.070 Development rights - Vesting on approval of vesting tentative map.

• 19.13.080 Development rights - Development inconsistent with zoning - Conditional approval.

• 19.13.090 Amendment to vesting tentative map.

• 19.13.100 Application with other provisions of this Code.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan, or any applicable specific plan, or not permitted by Title 20 or other applicable provisions of this Code. (Ord. 22152.)

(Prior code § 9215; Ord. 22126.)

The subdivider may file an amended tentative map with the director before his original tentative map has been considered by the director. Such filing of an amended tentative map shall be construed to be a withdrawal of the original tentative map. The time within which such amended tentative map

• A. A "vesting tentative map" shall mean a "tentative map" for a subdivision, as defined in this title, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 19.13.040, and is thereafter processed in accordance with the provisions hereof. For the pur-

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SUBDIVISIONS

§ 19.13.040

• poses of this chapter, "vesting tentative map" shall include vesting tentative maps prepared in connection with a parcel map.

• B. All other definitions set forth in this title are applicable.

• (Ord. 22152.)

• A. Until January 1, 1988, this chapter shall apply only to residential developments.

• B. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

• 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. 22152.)

• A. A vesting tentative map shall be filed in the same form, have the same contents, accompanying data and reports, shall be processed in the same manner as set forth in this title for a tentative map, and shall be subject to all applicable requirements of Title 19, except that the vested tentative map shall also be governed by the following provisions:

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

  2. At the time a vesting tentative map is filed, a subdivider shall also submit concurrently a complete application for all other discretionary project approvals for the proposed development project required by this Code which shall be processed concurrently with the tentative map except as otherwise provided herein.

3. The provisions of Section 19.40.070 shall apply to the processing of, and action which may be taken on, tentative maps based upon the PD zoning of the lands covered by such tentative map.

4. A vested tentative map application filed concurrently with a site development permit application shall be governed by the following provisions: Proceeding may be taken on the vested tentative map notwithstanding that the site development permit has not been issued and become effective; provided, however, that prior to the time that such a site development permit shall have been issued and the action issuing the same shall have become final, neither the director, nor the council on appeal, shall approve or conditionally approve such vested tentative map.

5. If no other discretionary project approvals are required by this Code, the subdivider shall, at the time a vesting tentative map is filed, supply the following information:

   • a. Building envelope including dimensions, height, size, setbacks and location of buildings;

   • b. Preliminary grading plan and approximate finished grade of each building pad;

   • c. Building elevations;

   • d. Number of dwelling units.

6. The director may, but shall not be required to, exempt the subdivider from the foregoing requirements. The director may require such other drawings, data or other information as deemed necessary to accomplish the purposes of this title and the Subdivision Map Act.

7. Each structure shall be constructed at the location and cover the surface area designated on the vested tentative map and

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SAN JOSÉ CODE

§ 19.13.040

shall be constructed in substantial compliance with the information provided therein.

• (Ord. 22152.)

Fees for the vesting tentative map shall be set forth in the schedule of fees established by resolution of the city council, which schedule shall also include a fee in an amount sufficient to recover the direct cost associated with establishing and adopting this chapter. (Ord. 22152.)

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. 22152.)

• 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.

  • 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.

• B. Notwithstanding subsection A, any permit, including a building 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 immedi-

ate 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 19.13.060. If the final map is approved, these rights shall last for the following periods of time:

  1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 19.13.060 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.

  2. The initial time period set forth in C 1 shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is filed.

  3. A subdivider may apply to the director for a one-year extension at any time before the initial time period set forth in C1 expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.

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

(Ord. 22152.)

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SUBDIVISIONS

• A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the provisions of Title 20, that inconsistency shall be noted on the map. The director may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in Title 20 to eliminate the inconsistency. If the change in Title 20 is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 19.13.070, confer the vested right to proceed with the development in substantial compliance with the change in said Title 20 and the map, as approved.

• B. The rights conferred by this section shall be for the time periods set forth in Section 19.13.070C.

• (Ord. 22152.)

At any time prior to the expiration of the vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map. Amendments shall not extend the time period of vesting rights established in this chapter, nor the expiration date of the tentative map. The provisions of Section 19.12.240 shall not apply to vested tentative maps. (Ord. 22152.)