§ 16.12

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 (referred to in this chapter as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.04.010)

16.12.020 - Purpose and intent.

It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the subdivision ordinance. Except as otherwise set forth in this chapter, the provisions of the subdivision ordinance shall apply to this chapter. The city council finds and determines that the regulations outlined in this chapter are necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.04.020)

16.12.030 - Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan, or any applicable specific plan, or which is not permitted by the zoning ordinance or other applicable provisions of this code.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.04.030)

16.12.040 - Definitions.

A.

For purposes of this chapter, the following words and phrases shall have the meaning given in this section:

1.

"General plan" means the general plan of the city.

2.

"Specific plan" means a plan authorized under the provisions of Title 7, Division 1, Article 8 of the Government Code, commencing with Section 65450.

3.

"Subdivision Map Act" means the State Subdivision Map Act set forth in Division 2, Title 7, of the Government Code, commencing with Section 66410.

4.

"Subdivision ordinance" means the subdivision ordinance of the City, codified as Title 16 of this code.

5.

"Vesting tentative map" means a tentative map for a residential subdivision, as defined in the subdivision ordinance, that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.12.060, and is thereafter processed in accordance with the provisions

of this chapter. For purposes of this chapter, references to "tentative map" include tentative parcel map, and references to "final map" include parcel maps.

B.

All other definitions set forth in the subdivision ordinance are applicable to this chapter.*

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.04.040)

• Editor's Note: The subdivision ordinance is codified in the other chapters of this title.

16.12.050 - Application.

A.

This chapter applies only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the subdivision ordinance, 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 chapter.

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.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.04.050)

A.

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 the subdivision ordinance for a tentative map, except as otherwise provided in this chapter.

B.

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

C.

At the time a vesting tentative map is filed, the subdivider shall supply the data and information required by the subdivision ordinance for the filing of a tentative map.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.08.010)

16.12.070 - Fees.

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

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.08.020)

The approval or conditional approval of a vesting tentative map expires at the end of the same time period, and is subject to the same extensions, established by the subdivision ordinance for the expiration of the approval or conditional approval of a tentative map.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.08.030)

16.12.090 - Vesting on approval of vesting tentative map.

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 Section 66474.2. Should Government Code Section 66474.2 be 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; provided, that with regard to the payment of a particular type of fee (e.g., school impact fees, in-lieu recreation fees, water and sewer fees, etc.), the map approval may contain a condition that the amount of the fee is to be determined as of the date of issuance of a building permit.

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 expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.12.080. If the final map is approved, these rights last for the following periods of time:

1.

An initial time period of eighteen months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period begins for each phase when the final map for that phase is recorded.

2.

The initial time period specified in subdivision 1 of this subsection 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 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 specified in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days, in writing.

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1, 2 and 3 of this subsection, the rights referred to in this section continue until the expiration of that permit, or any extension of that permit.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.12.010)

16.12.100 - Development inconsistent with zoning—Conditional approval.

A.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may 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 the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map, notwithstanding subsection A of Section 16.12.090, confers the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B.

The rights conferred by this section are for the time periods set forth in subparagraph C of section 16.12.090.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.12.020)

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in subsection A of Section 16.12.090 and Section 16.12.100, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 440 § 1 (Exbt. A) (part), 1985: prior code § 19-A.12.030)

Chapter 16.16 - FINAL MAPS

Sections:

16.16.010 - Generally—Application and filing.

A.

After the approval or conditional approval of a tentative map, and prior to the expiration of the same, the subdivider may cause the subdivision, or any part thereof, to be surveyed and may file with the city council for approval a final map conforming to the approved or conditionally approved tentative map. At the time of filing all required certificates on the final map must have been signed, and where necessary, acknowledged. The date the map shall be deemed filed with the city council is the date on which the city clerk receives the map.

B.

Any failure to record a final map prior to the expiration of an approved or conditionally approved tentative map shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted and approved, or conditionally approved, by the city council.

(Ord. 441 § 2, 1985: prior code Appx. B § 20)