A. Purpose: The purpose of this Section is to establish procedures necessary for the processing, reviewing and approving a vesting tentative map application, and to supplement the provisions of the Map Act and this Chapter. Except as otherwise contained in this Chapter, the provisions of the Subdivision Regulations shall apply to a vesting tentative map application.
B. Application:
1. Whenever a provision of the 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 be filed pursuant to the provisions of this Chapter.
2. If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to an approval for any proposed subdivision, permit for construction, or work preparation to construction.
C. Filing And Processing:
1. A prospective subdivider, or agent, may request a preliminary map conference with the Planning Director prior to formal submittal of a subdivision application, pursuant to subsection 12-1-7D of this Chapter. During this conference, the Planning Director shall inform the subdivider of applicable policies, plans, and requirements as they apply to the proposed subdivision, review appropriate procedures outlined in this Chapter and examine possible alternatives or modifications relating to the proposed subdivision.
2. 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 contained in Section 12-1-7 of this Chapter, except as hereinafter provided:
a. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map";
b. An application for a vesting tentative map shall not be accepted for filing until the subdivision has been determined by the Planning Director to be consistent with the General Plan, applicable specific plans and this Chapter;
c. All required discretionary City approvals shall have been previously obtained or applications for same shall be filed concurrently with the vesting tentative map;
d. At the time a vesting map is filed a subdivider shall supply the following information satisfactory to the Planning Director, in addition to those requirements specified in subsection 12-1-7B of this Chapter:
(1) Completed application;
(2) Fees;
(3) Property owner list of addresses (within 300 foot radius of property boundaries) printed on two (2) sets of gummed labels;
(4) Environmental information form;
(5) Site plans, including the following items of information:
(A) Project boundary and dimensions;
(B) Dimensions relating to center line, property line and curb;
(C) Building dimensions;
(D) Building locations and size dimensions;
(E) Street, driveway widths;
(F) Bike paths, if required;
(G) Mechanical equipment, location and dimensions;
(H) Trash storage design, location and dimensions;
(I) Recreation area location and design;
(J) Wall and fence location and design;
(6) Floor plans, dimensions and scale;
(7) Elevations:
(A) Dimensions and scale;
(B) Color and materials;
(C) Roof pitch and type;
(8) Landscape plans:
(A) ree sizes, locations and species;
(B) Shrub species, range of sizes, typical locations;
(C) Groundcover (if not lawn, on center dimension should be noted);
(D) Curbing and planter areas;
(E) Lighting;
(9) One colored print of site plan, elevations and landscape plan, for public presentation;
(10) Colored rendering;
(11) Vicinity map (minimum 31/2 inches by 31/2 inches);
(12) Phasing map, if applicable;
(13) Preliminary grading plan;
(14) Sample materials board;
(15) Model, if required by the Planning Director;
(16) Soils report, geological and hydrological studies, as required by the City Engineer.
D. Development Inconsistent With Zoning; Conditional Approval: 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 or conditionally approve providing that the subdivider, or his or her designee, obtain the necessary change in the Zoning Ordinance to eliminate the identified inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection G of this Section, confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.
E. Applications Inconsistent With Current Policies: Notwithstanding any provision of this Code, a property owner or his or her designee may seek approvals or permits for developments which depart from the ordinances, policies, and standards described in Section 12-1-30 of this Chapter, and the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
F. Expiration: The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions established by this Chapter for the expiration of an approved tentative map.
G. Rights Of A 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 Map Act section 66474.2.
2. However, if Map Act 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.
3. Notwithstanding subsection G1 of this Section, a permit approval, extension or entitlement may be made conditional or denied if any of the following findings 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 subsection F of this Section. If the final map is approved, these rights shall last for the following periods of time:
a. An initial time period of one year beyond the 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 initial time period shall begin for each phase when the final map for that phase is recorded. All final maps must be recorded within the time period contained in Section 12-1-8 of this Chapter or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded.
b. The initial time period contained in Section 12-1-8 of this Chapter shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the 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 outlined in Section 12-1-8 of this Chapter expires.
d. If the subdivider submits a complete application for a building permit during the periods of time outlined in subsections G4a through G4c of this Section the rights referred to herein shall continue until either expiration or extension of that permit.
e. Consistent with this subsection G, an approved or conditionally approved vesting tentative map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development.
H. Amendments: Amendments to the approved or conditionally approved vesting tentative map shall be made pursuant to Section 12-1-9 of this Chapter. (Ord. 527, 8-4-1997)