Article 14-80

VESTING TENTATIVE MAPS

Sections:

(a) Whenever a provision of this Chapter requires that a tentative map be filed, a vesting tentative map may instead be filed pursuant to this Article.

(b) A vesting tentative map shall be filed in the same form (with the additional words "Vesting Tentative Map" printed conspicuously thereon) and have the same contents, accompanying data and reports and shall be processed in the same manner as a regular tentative map, except as otherwise provided in this Article.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards of the City in effect as of the time the application for tentative map approval was determined by the Community Development Director to be complete; provided, however, in the event Section 66474.2 of the Government Code is repealed, such approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards in effect at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 the provisions of Paragraph (a) of this Section, and except as provided in state law,

the Planning Commission may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:

(1) A failure to do so would place the residents of the development or the immediate community, or both, in a condition dangerous to their health or safety, based on objective, identified written public health or safety standards, policies, or conditions.

(2) The condition or denial is required in order to comply with State or Federal law.

(c) The rights conferred by this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this Section shall continue for the following periods:

(1) One year after the recording of the final map, such period to be automatically extended by any time used by the City for processing a complete application for a grading permit or for design review if such time exceeds thirty days from the date the application for the grading permit or design review is filed; plus

(2) A one year extension, if application therefor is made prior to the expiration of the initial period set forth in Subparagraph (1) above.

(3) If the subdivider or owner submits a complete application for a building permit during the periods of time specified in Subparagraphs (1) and (2) above, the rights conferred by this Section shall continue until the expiration of that permit, or any extension of that permit granted by the City.

(4) Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded.

(d) An approved or conditionally approved vesting tentative map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Paragraph (a) of this Section. (Ord. No. 398, § 1(Att.), 12-20-2023)

Prior to granting approval of a vesting tentative map, the Planning Commission may require the subdivider to first obtain any use permit, design review

(Saratoga Supp. No. 53, 4-24)

274.10

14-80.080

approval, variance or other approval that may be required under the Zoning Ordinance with respect to the proposed development.

(Ord. No. 398, § 1(Att.), 12-20-2023)

If the ordinances, policies, or standards described in Subsection 14-80.020(a) are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, at any time prior to the expiration of the vesting tentative map pursuant to Subsection 14-80.020(c), may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the development in accordance with the changed ordinances, policies, or standards. An application for such amendment shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought.

(Ord. No. 398, § 1(Att.), 12-20-2023)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with any regulations contained in the Zoning Ordinance, that inconsistency shall be noted on the map. The Planning Commission may deny such a vesting tentative map or approve it conditioned on the subdivider obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If such change is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding the provisions of Subsection 14-80.020(a), confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved. The rights conferred by this Section shall continue for the periods of time specified in Subsection 14-80.020(c) of this Article.

may, but shall not be required, to grant such approvals to the extent the departures are authorized under the applicable provisions of this Code.

(Ord. No. 398, § 1(Att.), 12-20-2023)

If a subdivider does not seek the rights conferred by this Article, the filing of a vesting tentative map shall not be a prerequisite to any approval for a proposed subdivision or permit for construction or work preparatory for construction.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Nothing in this Article shall enlarge, diminish, or alter the types of conditions which may be imposed by the City on a development, nor in any way diminish or alter the power of the City to protect against a condition dangerous to the public health or safety.

(b) Nothing in this Article shall remove, diminish, or affect the obligation of any subdivider or owner to comply with the conditions and requirements of any State or Federal law, regulation, or policy.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(Ord. No. 398, § 1(Att.), 12-20-2023)

Notwithstanding any provision of this Article, a property owner may seek approvals or permits for development which depart from the ordinances, policies and standards described in Subsection 14-80.020(a) and Section 14-80.050, and the Planning Commission

274.11

(Saratoga Supp. No. 57, 1-26)

14-85.010