(A) A “vesting tentative map” shall mean a “tentative map” for a subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time such map is filed in accordance with this chapter. The purpose of a vesting tentative map is to confer certain development rights not applicable to a tentative map.
(`64 Code, Sec. 27-19.00) (Ord. No. 2765)
(B) Whenever an application for a tentative subdivision map or tentative parcel map is required to be filed for a development, an application for a vesting tentative map may instead be filed, in accordance with the provisions herein.
(`64 Code, Sec. 27-19.01) (Ord. No. 2765)
(C) An application for a vesting tentative map shall be filed in the same form, have the same contents, and shall be processed in the same manner as an application for a tentative map except that:
(1) At the time filed, an application for a vesting tentative map shall have printed conspicuously on its face the words “Vesting Tentative Map;” and
(2) At the time an application for a vesting tentative map is filed, a subdivider shall also supply complete improvement plans for sewer, water, drainage, street, grading and appurtenant improvements along with supporting calculations in accordance with public works department standards and criteria. The development services department will review and approve the improvement plans to verify they are in accordance with city standards before the "Vesting Tentative Map" is heard by the commission. The application shall not be complete until such review and approval has been made by the development services department.
(`64 Code, Sec. 27-19.02) (Ord. No. 2765)
(D) Upon filing an application for a vesting tentative map, the subdivider shall pay the fees required by the city council resolution for the filing and processing of an application for a tentative map.
(`64 Code, Sec. 27-19.03)
(E) The vesting tentative map shall expire when a tentative subdivision map would expire and shall be subject to the same criteria for extensions as established for a tentative subdivision map. The duration of the rights therein is governed by subsection (F) below.
(`64 Code, Sec. 27-19.04)
(F) (1) The approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with applicable ordinances, policies, and standards as if a final map had been then approved, subject to the provisions herein.
(2) Nothing in this section is intended to affect the city’s ability to conditionally approve or deny maps.
(3) The rights referred to herein shall expire unless the final map is approved prior to the expiration of the vesting tentative map in which case these rights shall last for the following periods oftime:
(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 map for that phase is recorded.
(b) The initial time period set forth in subdivision (3)(a) 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 30 days from the date a complete application is filed.
(c) A subdivider may apply to the commission for a one year extension at any time before the initial time period set forth in subdivision (3)(a) expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.
(d) If the subdivider submits a complete application for a building permit before the rights under the vesting tentative map have expired, those rights shall automatically continue until the expiration or extension of that permit.
(`64 Code, Sec. 27-19.05) (Ord. No. 2367, 2445)
(G) (1) Whenever a subdivider files an application for 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 noticed on the vesting tentative map. The city may deny an application or approve it conditioned on the subdivider, or 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 a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map as approved.
(2) The rights conferred by this section shall be for the time periods set forth in subsection(F)(3).
(`64 Code, Sec. 27-19.06) (Ord. No. 2077)
(H) Any fees associated with a vesting tentative map that would be subject to the fee limitations set forth in Kaufman & Broad Central Valley, Inc. v. City of Modesto, 25 Cal. App. 4th 1577, shall be calculated as follows:
(1) Capital improvement fees shall include those fees set forth in Article VI of Chapter 15 of the City Code at the time the application is deemed complete. Any such fee shall be adjusted by multiplying the fee in effect at the time of application by the Engineering News Record Construction Cost Index for Los Angeles at the time of payment of the fee in question and dividing such product by the Engineering News Record Construction Cost Index for Los Angeles at the time the application was deemed complete. However, if the resulting quotient is greater than the actual fee applicable at that time to subdivisions that are proceeding without a vested tentative map, the actual fee will be used.
(2) All other fees charged by the city at the time the application is deemed complete shall be adjusted by multiplying the fee in effect at the time of application by the Consumer Price Index for the Los Angeles-Anaheim-Riverside Area at the time of payment of the fee in question and dividing such product by the Consumer Price Index for the Los Angeles-Anaheim-Riverside Area at the time the application was deemed complete. However, if the resulting quotient is greater than the actual fee applicable at that time to subdivisions that are proceeding without a vested tentative map, the actual fee will be used.
(Ord. No. 2765)