San Luis Obispo Municipal Code Ch. 16.12 Vesting Tentative Maps

This chapter describes the application and processing requirements for “vesting” tentative maps and implements the Government Code provisions related to vesting tentative maps as defined in Government Code Sections 66424.5 and 66452 and these subdivision regulations. (Ord. 1729 § 4 (Exh. A), 2023)

Whenever this title requires that a tentative map be filed, a vesting tentative map may instead be filed. Vesting tentative maps may be filed for residential, commercial, or industrial developments, consistent with the provisions of Section 66498.1 of the Government Code. (Ord. 1729 § 4 (Exh. A), 2023)

A. A vesting tentative map application shall not be accepted for processing unless development review approval has been granted, or a complete application for development review approval and plans have been filed for processing concurrently with the vesting tentative map for all development on lots within the boundary of the vesting tentative map. When processing development review and a vesting tentative map concurrently, the subdivider may request that the city defer action on the vesting tentative map application until after final action has been taken on the development review application; provided, that, to the extent allowed by law, the subdivider agrees to an extension of any time periods within which the city is legally required to act on the vesting tentative subdivision map application.

B. A statement that the intended development of the vesting tentative map is consistent with the current zoning, or that an application has been filed for rezoning or prezoning the land which will be processed concurrently with the vesting tentative map, or, if the intended development is inconsistent with the current zoning and no concurrent rezoning or prezoning application has been filed, a statement on the map noting that inconsistency.

C. If a planned development (PD) is required, the PD shall be processed prior to or concurrently with the vesting tentative map. (Ord. 1729 § 4 (Exh. A), 2023)

A. Consistency Required. A vesting tentative map shall be consistent with zoning regulations, the general plan, applicable specific plan or any other applicable city standards in effect at the time the vesting tentative map application was deemed complete.

B. Conditional Approval of Inconsistent Development. Notwithstanding subsection A of this section, if a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with city zoning or planned development zoning, in effect at the time the application is deemed complete, the city may deny the vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance or issuance of a planned development rezoning to eliminate the inconsistency. If a change in the zoning or issuance of a planned development rezoning is obtained that subsequently cures the noted inconsistency, the conditionally approved vesting tentative map shall, notwithstanding Section 16.12.045, confer the vested right to proceed with the development in substantial compliance with the change in the zoning or planned development zoning and the map as approved. (Ord. 1729 § 4 (Exh. A), 2023)

Unless exempted as described in Section 16.12.020(A), approval of a vesting tentative map is contingent upon development review approval of the site improvements and all structures within the boundaries of the map. If the subdivider filed a complete application for design review approval concurrently with filing the vesting tentative map application and final action has not been taken on the development review application, the subdivider may request that the city defer action on the vesting tentative map application until after final action has been taken on the development review application; provided, that the subdivider agrees to an extension of any time periods within which the city is legally required to act on the vesting tentative subdivision map application. (Ord. 1729 § 4 (Exh. A), 2023)

A. 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 these regulations for the expiration of a tentative map (see Section 16.10.130).

B. The approval or conditional approval of a vesting tentative map may be extended under the provisions of Section 16.10.135, except that the time extension for a vesting tentative map shall be reviewed for conformance with the city standards in effect at the time the vesting tentative map application was deemed complete. (Ord. 1729 § 4 (Exh. A), 2023)

A. When a vesting tentative map is approved or conditionally approved, that approval confers a vested right to proceed with the development in compliance with the ordinances, policies, and standards (excluding fees) in effect at the time the vesting tentative map application was deemed complete, consistent with the Subdivision Map Act, Government Code Sections 66498.1 and 66474.2.

B. Notwithstanding subsection A of this section, the review body may condition or require an amendment to the map or disapprove a permit, approval, extension or entitlement, if one of the following applies:

1. Failure to do so will put the residents of the subdivision and/or the immediate community in a condition dangerous to their health or safety.

2. Action is required to comply with state or federal law. (Ord. 1729 § 4 (Exh. A), 2023)

A. If a final map or parcel map is approved, the rights conferred by the vested tentative map shall remain in effect for the following time periods beyond the recording of the final map or parcel map:

1. An initial time period of one year. Where multiple parcel or final maps are to be recorded, this initial time period shall begin for each phase when the final map for that phase is recorded, provided it is recorded prior to the expiration of the vesting tentative map.

2. The subdivider may apply for a one-year extension of the initial time period in subsection (A)(1) of this section, pursuant to the provisions in Section 16.10.135. The subdivider may appeal the director’s denial of an extension within fifteen days pursuant to Section 66452.6(g) of the Government Code.

3. Upon submittal of a complete application for a building permit during the time periods specified in subsections (A)(1) and (2) of this section, the rights referred to herein shall continue until the expiration of that permit, or any approved extension of that permit. (Ord. 1729 § 4 (Exh. A), 2023)