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A vesting tentative map shall be filed in the same form, shall have the same content and accompanying data and reports, and shall be processed in the same manner described for tentative maps in Chapter 7.20
(Tentative Maps), except as modified by this chapter. The designated approval authorities for vesting tentative maps and vesting tentative parcel maps shall be as specified in § 7.05.020 (Responsibilities and Authorities).
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” The application shall be submitted in accordance with § 7.20.020 (Tentative Map Form and Content), accompanied by the following additional materials:
(A) Details on the height, size, and location of proposed buildings.
(B) Architectural elevations, schematic plans, and materials board for proposed building.
(C) Other application requirements as are deemed necessary by the city.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
(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 Cal. Gov’t Code § 66474.2. However, if Cal. Gov’t Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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.
(B) The above notwithstanding, a permit, approval, extension, or entitlement may be made conditional or may be denied if either of the following are determined:
(1) 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(s) or denial is required in order to comply with state or federal law.
(C) The provisions of this section shall not:
(1) Limit the city from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in division (A) of this section.
(2) Diminish or alter the city’s power to impose conditions on a development to protect against a condition dangerous to the public health or safety.
(D) If a final map or a parcel map is approved prior to the expiration of the vesting tentative map and is subsequently recorded, the tentative map vesting rights for the final map area or parcel map area shall last for the periods listed below:
(1) An initial time period of two years following recordation of the final map or parcel map. Where several final maps or parcel maps are recorded on phases of a project covered by a single vesting tentative map, the two-year time period for each final map or parcel map shall begin on the date of recordation of that map.
(2) The initial time period set forth in the above paragraph shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days; provided, however, that such extension shall only be for the number of days in excess of 30 days, and provided further that such extensions shall not be cumulative.
(3) If, during the two-year period following recording of a final map or parcel map, the city receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the vesting tentative map shall continue until the expiration of the building permit.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
The city shall approve a vesting tentative map only if the approving authority makes findings in accordance with § 7.20.090 (Findings of Approval for Tentative Maps).
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
An approved or conditionally-approved vesting tentative map shall expire 36 months after its approval. The expiration of an approved or conditionally approved vesting tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the vesting tentative map shall be filed without first processing a new map.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
Notwithstanding § 7.25.070 (Expiration of a Vesting Tentative Map), the initial 36-month term of approved or conditionally-approved vesting tentative maps may be extended in the manner as tentative maps as outlined in § 7.20.130 (Extensions of Time for Tentative Maps), except that the approval authority may deny an extension if it makes any of the following findings:
(A) The extension will place the residents of the subdivision and/or the immediate community in a condition dangerous to their health and/or safety;
(B) The map fails to comply with state or federal law; or
(C) Any of the findings required by § 7.20.090 (Findings of Approval for Tentative Maps) cannot be
made.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. The approval authority shall hold a public hearing on any application involving a modification to the vesting tentative map or to the development related thereto, following procedures set forth for the modification of tentative maps in § 7.20.140 (Modifications of Tentative Maps). Approval of a modification to a vesting tentative map or to the development related thereto shall not alter the expiration date of the vesting tentative map.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)