§ 12.28

The purpose of this chapter, enacted under the authority granted by the Subdivision Map Act (Sections 66498.1 et seq.), is to establish appropriate local procedures for review and approval of vesting tentative maps. To accomplish this purpose, the regulations contained in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.101)

The City Council has final authority on all vesting tentative subdivision maps. The Planning Commission shall consider and recommend approval, conditional approval or denial to the City Council.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.102)

12.28.030 - Application.

(a)

Whenever the Subdivision Map Act and this title require the filing of a tentative subdivision map for a residential or non-residential development, a vesting tentative map may instead be filed, in accordance with 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 is not a prerequisite to any subdivision approval, permit for construction, or work preparatory to construction.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.103)

12.28.040 - 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 title for a tentative map, except as follows.

(a)

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

(b)

At the time a vesting tentative map is filed, the subdivider shall also provide information regarding the project including but not limited to:

(1)

All requirements specified under Sections 12.16.020 through 12.16.040;

(2)

Conceptual architectural elevations indicating proposed height and exterior design of all new structures, building and roofing materials, colors, and information on the uses to which the buildings will be put. At the applicant's request, the Community Development Director may waive this requirements if it has already been fully met under the City's P.U.D. zoning ordinance process;

(3)

A conceptual grading plan in conformance with the City's grading ordinance and satisfactory to the City Engineer;

(4)

Flood-management studies in areas designated by the City Engineer;

(5)

Traffic studies for proposed changes not previously approved by the City.

(c)

Each application for a vesting tentative map may be accompanied by and processed concurrently with any other discretionary approvals, as set forth by the zoning regulations.

(d)

A vesting tentative map shall not be approved or conditionally approved unless, in addition to all other required findings, the City Council finds that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision will be constructed or assured (by a subdivision improvement agreement or other financing mechanism) before approval of a final map or issuance of a building or grading permit. A particular public facility to mitigate the impacts created by the subdivision might not be required if the City Council has previously adopted a resolution under the California Environmental Quality Act, including a statement of overriding considerations and finding that specific impacts need not be mitigated.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.106)

(a)

Upon filing a vesting tentative map, the subdivider shall pay all required fees and/or deposits for checking and processing maps, plans and reports. Any additional fees required due to changes of the maps, plans and reports are due and payable by the subdivider upon request by the City.

(b)

Unless the conditions of approval provide otherwise, the amount of all other fees required by this title for the development shall be determined at the time an application for the building permit is made (to the extent permitted by state law).

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.105)

Expiration and request for extensions shall be pursuant to Sections 12.16.080 and 12.16.090 and the Subdivision Map Act. Failure to file a final map within twenty-four (24) months of the original approval or an extension under Section 12.16.040 shall terminate all proceedings, and no final map for all or any property included within the vesting tentative map shall be filed without first processing a new map under this title.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.106)

12.28.070 - Rights of a vesting tentative map.

(a)

The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the written ordinances, policies, and standards in effect at the time the City has determined the application is complete, or in compliance with Section 66474.2 of the Subdivision Map Act.

Any dispute as to whether a development substantially complies with the approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the City Council.

(b)

Notwithstanding subsection (a) above, a permit, approval, extension, or entitlement may be conditioned or denied by the City Council, 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 conferred by a vesting tentative map expire if:

(1)

A final map is not approved before the expiration of the vesting tentative map as provided in Section 12.28.060;

(2)

The applicant has requested and the City has approved a change in the type, density, bulk or design of the development, unless an amendment to the vesting tentative map has been approved.

(d)

If a final map is approved and recorded, the rights conferred by subsection (a) shall last for the following periods of time.

(1)

For one year from the date of recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period begins for each phase when the final map for that phase is recorded. All of the final maps must be recorded within the time period set forth in Section 12.28.060, or the vesting tentative map approval expires for those parcels for which maps are not timely recorded.

(2)

The one-year initial time period set forth in subsection (D)(1) is automatically extended by any time used for processing a complete application for a grading permit or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

(3)

A subdivider may apply to the City Council for a single one-year extension at any time before the initial time period set forth in subsection (d)(1) expires. The City Council may approve, conditionally approve, or deny an extension in its sole discretion.

(4)

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

(5)

Upon the expiration of the time limits specified in subsections (d)(1), (2), (3), or (4), all rights conferred by this section or this chapter shall cease, and the project shall be considered as the same as any subdivision which was not processed under this chapter.

(6)

Notwithstanding subsection (d)(1), the amount of any fees that are required to be paid either as a condition of the map approval or by operation of any law shall be determined by the application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative subdivision map.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.107)

12.28.080 - Amendment to approved vesting tentative map.

An amendment to the approved vesting tentative map shall be made in accordance with Section 12.16.100.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.108)

No vesting tentative subdivision map shall be approved if the proposed map or the design or improvement of the proposed development is not consistent with the general plan, applicable specific plan, the zoning regulations, the City's design documents and this title. If development of the project for which a vesting tentative map requires a permit or approval under the zoning regulations, that permit or approval may be processed concurrently with the vesting tentative subdivision map.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-7.109)

Chapter 12.32 - DEDICATIONS AND RESERVATIONS

Sections:

12.32.010 - Dedication of streets, alleys and other public rights-of-way or easements.

(a)

As a condition of approval of a tentative map or parcel map, the subdivider shall dedicate, or make an irrevocable offer to dedicate, land that is needed for improvements required by Chapter 12.36. The subdivider shall construct or agree to construct all required improvements in accordance with Chapter 12.36 and the City's design documents.

(b)

Each subdivision and other development shall be considered in relation to the general plan, and any applicable specific plan. The design and construction of improvements shall conform to the City's design documents.

(c)

If a lot abuts a planned public thoroughfare or storm drainage channel shown on the general plan, specific plan or master plan, no parcel or subdivision shall be approved nor shall a building or structure be erected or enlarged nor a building permit issued for that lot, unless necessary frontage has been dedicated and improved, or assured, for the full frontage width of the lot, in accordance with the requirements of the general plan, specific plan or master plan.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-8.101)