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A. Residential Subdivisions. This chapter shall apply only to residential subdivisions.
B. Vesting Map Optional. Whenever a provision of the subdivision map act, as implemented by this article, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may be filed, at the sole discretion of the subdivider, in compliance with the provisions of this chapter.
C. Not a Prerequisite. 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 a proposed subdivision, permit for construction, or work preparatory to construction.
(Ord. 182 § 2 (part), 1997)
A. Pre-application Conference. Before submitting a vesting tentative map application, the prospective sub-divider, or agent, is strongly encouraged to request a pre-application conference with the department to obtain information and guidance pertaining to city requirements before preparing maps, surveys, and other required data.
Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s). A fee may be imposed for the pre-application conference, as contained in the council's fee resolution.
B. Application Filing. The vesting tentative map application shall be filed with the department. A vesting tentative map shall be filed in the same form and have the same contents. accompanying data. reports, and required fees and shall be processed in the same manner as identified in Chapter 16.94 (Tentative Maps) for a tentative map except as follows:
1. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map";
2. An application for a vesting tentative map shall not be accepted for filing until the subdivision has been determined by the department to be generally consistent with the general plan, any applicable specific plans, master development plans, and this development code;
3. All required discretionary city approvals shall have been previously obtained or applications for same shall be filed concurrently with the vesting tentative map, in compliance with the city's rules and procedures for implementation of CEQA: and
4. At the time a vesting tentative map is filed a subdivider shall also supply the following information satisfactory to the director:
a. Completed application, in compliance with Section 16.94.030 (Content and Form);
b. Fees, in compliance with Chapter 16.48 (Application Filing, Fees);
c. Environmental assessment form;
d. Architectural/site plans, including the following items of information:
1) Project boundary and dimensions;
2) Dimensions relating centerline of street. property line, and curb;
3) Setback dimensions;
4) Structure locations and dimensions;
5) Street and driveway widths;
6) Bike paths, if required/provided;
7) Mechanical equipment, location. and dimensions:
8) Solid waste/recyclable materials storage design, location, and dimensions;
9) Recreation area(s), location. and design;
10) Wall and fence location and design;
11) Sidewalks; and
12) Outdoor lighting.
e. Floor plans, dimensions, and scale;
f. Elevations including the following items of information:
1) Dimensions and scale;
2) Color and materials: and
3) Roof pitch and type.
g. Vicinity map three and one-half inches by three and one-half inches, illustrating the relationship of the subdivision to the community within a one-half mile radius of the site;
h. Phasing map, if applicable:
i. Preliminary grading plan;
j. Landscape plans, in compliance with Chapter 16.28 (Landscaping Standards);
k. One colored print of site plan. elevations and landscape plan, for public presentation; I. Colored rendering(s):
m. Sample materials board:
n. Uses of proposed structures:
o. Methods to be used for the preservation, relocation, and/or replacement of protected trees in compliance with Chapter 16.42 (Tree Preservation)
p. Archaeological evaluations. flood control information, geological and hydrology studies, soils report, etc., as required by the city engineer:
q. Detailed drainage, flood control. geological, soils, traffic, or other reports required by the city engineer; and
r. Additional information, as required by the director.
(Ord. 182 § 2 (part), 1997)
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. established by this article for the expiration of an approved tentative map, in compliance with Sections 16.96.040 (Expiration) and 16.94.100 (Extensions).
(Ord. 182 § 2 (part), 1997)
A. Vested Right. 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. Findings for Conditional Approval or Disapproval. Notwithstanding subsection A., above, a permit approval, extension or entitlement may be made conditional or disapproved if any of the following findings of fact findings can be made in a positive manner:
1. The 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; or
2. The condition or disapproval is required, in order to comply with state or federal law.
C. Periods of Time. The rights referred to herein shall expire if a final map is not approved before the expiration of the vesting tentative map in compliance with Section 16.96.040 (Expiration). If the final map is approved. these rights shall last for the following periods of time:
1. One Year. An initial time period of one year beyond the recording of the final or parcel 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 or parcel maps shall be recorded within the time period outlined in Section 16.96.040 (Expiration). or the vesting tentative map approval shall expire for those parcels for which final or parcel maps are not re-corded in a timely manner;
2. Grading Permit. The initial time period outlined in subparagraph 1.. above shall be automatically ex-tended 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;
3. Extension. A subdivider may apply for a one-year extension at any time before the initial time period outlined in subparagraph 1. above expires;
4. Building Permit. If the subdivider submits a complete application for a building permit during the periods of time outlined in subparagraphs I. through 3. above, the rights referred to subsection A., above shall continue until either expiration or extension of that permit; and
5. Reasonable Conditions. Consistent with subsection A., above, 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 implementation of the subject development.
(Ord. 182 § 2 (part), 1997)
Amendments to an approved or conditionally approved vesting tentative map shall be made in compliance with Section 16.96.060 (Amendments).
(Ord. 182 § 2 (part), 1997)