Article 8 — Filing and Approval of Vesting Tentative Maps

A vesting tentative map may be filed for residential, commercial, and industrial 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, a vesting tentative map may instead be filed in accordance with the provisions of this article. 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.

(§ 3, Ord. 935-NS, eff. October 7, 1986, as amended by § 3, Ord. 1047-NS, eff. November 14, 1989)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be subject to the same fees and processed in the same manner as set forth in this chapter for a tentative map except that it shall have printed conspicuously on its face the words “vesting tentative map.” (§ 3, Ord. 935-NS, eff. October 7, 1986)

A vesting tentative map may not be filed and no land shall be subdivided and developed pursuant to a vesting tentative map for any purpose or use which will be inconsistent with the City’s General Plan, any applicable Specific Plan or not permitted pursuant to the zoning or other applicable provisions of this code. Instead, any necessary General Plan Amendment or zone change must be obtained before any such proposed map may be properly filed. (§ 3, Ord. 935-NS, eff. October 7, 1986)

The approval or conditional approval of a vesting tentative map shall expire at the end of thirty-six (36) months from the date of approval of the tentative map by the Planning Commission or City Council on appeal. Extensions established by this chapter with respect to tentative maps and tentative parcel maps shall apply to vesting tentative maps.

(§ 3, Ord. 935-NS, eff. October 7, 1986, as amended by § 5, Ord. 1122-NS, eff. October 1, 1991)

(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 in effect on the date the application is determined to be complete except for previously initiated proceedings to amend or enact ordinances, policies or standards.

(b) Notwithstanding subdivision (a), above, a permit, approval, or entitlement may be made conditioned 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) A condition or denial is required, in order to comply with state and federal law.

(c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 9-3.804. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of twelve (12) months from the date the final map is recorded. Where several final maps are recorded on varied 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 (c)(1), above, 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. Time consumed by the subdivider in correcting plans or other related delays shall not be counted when calculating the thirty (30) day period.

(3) A subdivider may apply for a one year extension at any time before the initial time period set forth in (c)(1) expires. If an extension is denied, the subdivider may appeal that denial to the City Council within fifteen (15) days.

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

(§ 3, Ord. 935-NS, eff. October 7, 1986)

(§ 3, Ord. 935-NS, eff. October 7, 1986 and repealed by § 33, Ord. 1555-NS, eff. May 13, 2011)