Sec. 62-354. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Vesting tentative map means a tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 62-366, and is thereafter processed in accordance with the provisions of this article.

(Code 1960, § 19.304)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 62-355. - Application.

(a)

This article shall apply only to residential developments. Whenever a provision of the subdivision map act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may, instead, be filed in accordance with the provisions of this article.

(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.

(Code 1960, § 19.305)

Secs. 62-356—62-365. - Reserved. DIVISION 2. - PROCEDURES

Sec. 62-366. - Filing and processing.

A vesting tentative map 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 this chapter for a tentative map except as hereinafter provided:

(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 supply the following information:

a.

Height, size, and location of buildings.

b.

Sewer, water, storm drain and road details.

c.

Information on the uses to which the building will be put.

d.

Detailed grading plans.

e.

Geological studies.

f.

Flood control information.

g.

Architectural plans.

(Code 1960, § 19.310)

Sec. 62-367. - Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.

(Code 1960, § 19.311)

Sec. 62-368. - 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 chapter, for the expiration of the approval or conditional approval of a tentative map.

(Code 1960, § 19.312)

Secs. 62-369—62-380. - Reserved. DIVISION 3. - DEVELOPMENT RIGHTS

Sec. 62-381. - Vesting on approval.

(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 § 66474.2. However, if Government Code § 66474.2 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) of this section, a 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 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.

(c)

The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 62-368. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of two years. Where several 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) of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 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) of this section expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within 15 days.

(4)

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

(Code 1960, § 19.320)