Chapter 16.20 — VESTING TENTATIVE MAPS

A. Authority. This chapter is enacted pursuant to the authority granted by Article 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the "Vesting Tentative Map Statute").

B. Purpose. 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 this title. Except as other noted, the provisions of this title shall apply to the vesting tentative map section.

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

• D. Application.

1. This chapter shall apply only to residential 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 for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

2. If a subdivider does not seek the right 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. 2017-01 (part), 2017; prior code § 9105(A))

A. 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 Section 16.16.030 for a tentative map except as hereinafter provided:

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

2. At the time a vesting tentative map is filed a subdivider may also be required to supply the following information:

• a. Height, size, and location of buildings;

• b. Sewer, water, storm drain and road detail;

• c. Information on the uses to which the buildings will be put;

• d. Detailed grading plans;

• e. Geological studies;

• f. Flood control information;

• g. Architectural plans.

• B. Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required by Section 16.16.040 for the filing and processing of a tentative map.

C. Expiration. 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 extensions, as provided for the expiration of the approval or conditional approval of a tentative map. (Ord. 2017-01 (part), 2017: prior code § 9105(B))

• A. Vesting on Approval of Vesting Tentative Map.

1. 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.

2. However, if Section 66474.2 of the Government Code 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.

3. 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:

• a. 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;

b. The condition or denial is required, in order to comply with state or federal law.

4. 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 16.20.020(C). If the final map is approved, these rights shall last for the following periods of time:

a. An initial time period of one year. Where several final maps are recorded on various 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.

b. The initial time period set forth in subsection (A)(1) of this section shall be automatically extended by any time used for processing a complete application for a granting permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

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

d. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (A)(4)(a)--(A)(4)(c) of this section, the rights referred to herein, as they apply to the lot for which the application is filed, shall continue until the expiration of that permit, or any extension of that permit.

B. Applications Inconsistent with Current Policies. Notwithstanding any provision of this title, a property owner or his or her designee may seek approvals or permits for development that depart from the ordinances, policies, and standards described in Section 16.20.030(A)(1), and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 2017-01 (part), 2017: prior code § 9105(C))

Chapter 16.24 FINAL MAPS