Article VIII — Vesting Tentative Maps

• (a) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map, 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 a vesting tentative map, 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. 1780 § 3, 4-8-2003)

• (a) 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 for a tentative map in SCCC § 17.05.300 , except as provided herein:

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

  • (2) Prior to filing a vesting tentative map, a subdivider shall obtain all discretionary approvals that will be required under the Santa Clara City Code in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development. An application for a vesting tentative map shall be determined to be incomplete until all other applicable discretionary approvals are processed and acted upon in accordance with the Santa Clara City Code and applicable state law.

• (b) Fees. Upon filing a vested tentative map, the subdivider shall pay the fees required by the Director of Planning and Inspection for the filing and processing of a tentative map.

• (c) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map.

• (Ord. 1780 § 3, 4-8-2003)

• (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, polices and standards

in effect at the time that an application is determined to be complete by the city; provided, that any fees required as a condition of approval of a vesting tentative map, unless otherwise specified, shall be payable at the rates in effect at the time building permits are issued. This section is further governed by Government Code Sections 66474.2 and 665943 and any successor legislation. This article shall not be interpreted to create any rights for subdividers beyond those expressly required by the Vesting Tentative Map Law (Government Code Sections 66498.1 et seq., as may from time to time be amended).

• (b) Notwithstanding subsection (a) of this section, a subsequent permit, approval, extension, building permit, or entitlement may be made conditional or denied pursuant to later ordinances, policies and standards if any of the following are determined:

  • (1) A failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety;

  • (2) The condition or denial is required, in order to comply with state or federal law.

• (c) The rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in SCCC § 17.05.710(c) . If the final map is approved, these rights shall last for the following periods of time:

  • (1) An initial time period of one year beyond the recording of the final map. Where several 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 thirty (30) days from the date a complete application is filed.

• (3) If the subdivider submits a complete application for a building permit during the periods of time prior to the expiration of the final map, the rights referred to in this chapter shall continue until the expiration of such building permit or any extension of that permit.

• (Ord. 1780 § 3, 4-8-2003)