Chapter 15.10 — VESTING TENTATIVE MAPS

The purpose of Section 15.10.010 through Section 15.10.150, inclusive, is to create and establish the regulations, standards and procedures for vesting tentative maps. To accomplish this purpose, the regulations, standards and procedures outlined in this chapter are determined to be necessary to ensure that the city will have maximum discretion, consistent with the Subdivision Map Act, to impose conditions on any approvals occurring subsequent to the approval or conditional approval of a vesting tentative map which the city reasonably finds to be necessary to preserve the public health, safety and welfare, and to promote the orderly growth and development of the city. It should be recognized that other agencies may not be bound by the vested tentative map provisions of this title and/or the Subdivision Map Act.

(Ord. 1056 N.C.(2d) 3 (part), 1989.)

A.

This chapter shall apply to all developments. Whenever provisions of the Subdivision Map Act, as implemented and supplemented by this title, require the filing of a tentative map or tentative parcel map for a development project, 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 this chapter, 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. 1056 N.C.(2d)§ 3 (part), 1989.)

A vesting tentative map shall be filed with the planning division in the same application form and have the same contents as required in Section 15.08.030. In addition, the vesting tentative map shall have printed conspicuously on its face the words "Vesting Tentative Map." A map filed without this printing shall not be a vesting tentative map, and the provisions hereof shall not apply to such a map.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A vesting tentative map application shall be processed in the same manner as set forth in Section 15.08.040.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.10.050 - Required findings for vesting tentative map approval or conditional approval.

The planning commission shall make the same findings as set forth in Section 15.08.050 to approve a vesting tentative map.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.10.060 - Grounds for denial of a vesting tentative map.

The planning commission shall deny any application for a vesting tentative map if any one of the findings set forth in Section 15.08.060 can be made.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The subdivider or any person adversely affected by a decision by a city employee or the planning commission regarding a vesting tentative map application has the right to appeal pursuant to Sections 15.08.070 and 15.08.080.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

15.10.080 - Resubmittal of application.

A vesting tentative map may be resubmitted pursuant to Section 15.08.100.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same terms and extensions, as described in Section 15.08.110.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.10.100 - 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. However, if Section 66474.2 is 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. However, the city may impose reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described herein.

B.

Notwithstanding subsection (A) of this section a permit, approval, extension or entitlement may be made condition 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 herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 15.10.090. If the final map is approved, these rights shall last for the following periods of time:

1.

The initial period of time shall be one year after the final map is recorded. Where several final maps are recorded on various pas of a project covered by a single vesting tentative map, this one-year 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 days, from the date a complete application is filed.

3.

A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth in subsection (C)(l) of this section expires. If the extension is denied by the commission, the subdivider may appeal that denial to city council within fifteen days.

4.

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

(Ord. 1056 N.C.(2d) § ° 3 (part), 1989.)

If the ordinances, policies or standards described in Section 15.10.100(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, may apply to the pining division for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies or standards. The

application shall clearly specify the changed ordinances, policies or standards for which the amendment is sought.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

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 shall confer the vested right to proceed with the development in substantial compliance with the cage in the zoning ordinance and the map, as approved: The rights conferred by this section shall be for the time periods set forth in Section 15.10.100.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.10.130 - Limitation on development approvals or permits inconsistent with current policies.

No development approvals or permits for development which are inconsistent with the applicable ordinances, policies and standards of the city of Vallejo in effect at the time such approvals or permits are applied for shall be granted, in connection with a vesting tentative map, except as authorized hereinabove by Section 15.10.120.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.10.140 - No effect on taxing authority of the city.

Nothing herein shall be construed to limit, restrict, or modify the authority of the city of Vallejo to collect any fees, taxes, or any other exactions, which are now or may hereafter by ordinance be imposed, as a condition to the city's issuance of permits, approvals or entitlements to proceed with any development for which a vesting tentative map has been approved, or conditionally approved, under this chapter. The city expressly reserves both the right to increase any existing fees or taxes now required as a condition to the issuance of any such permits, approvals, or entitlements, and the right hereafter to impose any additional fees or taxes as conditions to the future issuance of such permits, approvals, or entitlements, if, in the sole judgment of the city council, the public health, safety, or welfare shall so require.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

15.10.150 - Pre-annexation filing of vesting tentative maps.

A subdivider may file a vesting tentative map for unincorporated property subject to the provisions of Section 15.08.130.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Chapter 15.12 - FINAL MAPS

Sections: