§ 15.04

(a)

Citation and Authority. The ordinance codified in this chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the "Vesting Tentative Map Statute"), and may be cited as the "Vesting Tentative Map Ordinance."

(b)

Purpose and Intent. It is the purpose of this chapter to establish procedures necessary for processing, reviewing and taking action on vesting tentative map applications, and to supplement the provisions of the Subdivision Map Act and the provisions of this title. Except as otherwise set forth in the provisions of this chapter, the other provisions of this title shall apply to vesting tentative maps. 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.

(c)

Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose, which is inconsistent with the San Rafael general plan and any applicable, adopted specific plan or neighborhood plan, or not permitted by the Zoning Ordinance (Title 14) or other applicable provisions of the San Rafael municipal code, in effect at the time the vesting tentative map application is deemed complete for processing pursuant to Section 15.01.050(a) of this title.

(d)

Limitations for Requesting a Vesting Tentative Map.

(1)

The provisions of this chapter apply to subdivisions of land proposed for residential and non-residential development. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map for a residential or non-residential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.

(2)

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. 1787 § 1 (part), 2002).

(a)

Filing and processing. A vesting tentative map application 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 Chapters 15.02 (Major Subdivisions) and 15.03 (Minor Subdivisions) for a tentative map except as hereinafter provided:

(1)

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

(2)

At the time a vesting tentative map application is filed, a subdivider shall also concurrently file an application for an environmental and design review permit, providing all application materials required under Title 14 (Zoning), Chapter 25 (Environmental and Design Review Permits) of the San Rafael Municipal

Code. In addition, if required by the zoning district in which the subject property is located, the subdivider shall concurrently apply for a conditional use permit (Title 14, Chapter 22).

(c)

Application fees. Upon filing a vesting tentative map application, the subdivider shall pay the fees required by city council resolution for the filing and processing of a tentative map for a major or minor subdivision.

(d)

Expiration. 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, as required by Section 15.01.130 of this title.

(Ord. 1787 § 1 (part), 2002).

(a)

Date of Vesting. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the city of San Rafael ordinances, policies and standards adopted and in place on the date the vesting tentative map application has been deemed complete, as described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 of the Subdivision Map Act 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)

Grounds for Conditional Approval or Denial. Notwithstanding (a), a permit, approval, extension, or entitlement may be conditioned or may be 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; or

(2)

The conditional approval or the denial is required in order to comply with state or federal law.

(c)

Vesting Period. The vesting development rights shall expire if a Final Map is not approved prior to the expiration of the vesting tentative map, as provided in Chapter 15.01 of this title. If the final map is approved, these vesting development rights shall last for the following periods of time:

(1)

An initial time period of two (2) years, following the approval and recordation of the final map. Where multiple 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) shall be automatically extended by any time used for processing a complete application for a grading permit or building permit, if such processing exceeds thirty (30) 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, the subdivider may appeal that denial to the city council within ten (10) calendar days; or

(4)

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

(d)

Development Inconsistent with Zoning (Title 14)—Conditional Approval.

(1)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance (Title 14) in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If approved or conditionally approved, the vesting tentative map shall, notwithstanding Subsection (a)(1) of Section 15.04.030, confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

(2)

The rights conferred by this section shall be for the time period set forth in subsection (c)(3) of Section 15.04.030.

(e)

Applications Inconsistent with Current Policies. Notwithstanding any provision of this chapter, a property owner or his or her designee, or subdivider may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsection (d)(1) of Section 15.04.030 and the city may grant these approvals or issue these permits to the extent that the departures are authorized under the applicable laws.

(Ord. 1787 § 1 (part), 2002).