A. General Provisions.
1. Citation and Authority. This section is enacted pursuant to the authority granted by Chapter 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), and may be cited as the vesting tentative map ordinance.
2. Purpose and Intent. It is the purpose of this section to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the subdivision ordinance. Except as otherwise set forth in the provisions of this section, the provisions of, the subdivision ordinance shall apply to the vesting tentative map ordinance. To accomplish this purpose., the regulations outlined in this section are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.
3. Consistency. No land shall be subdivided and developed pursuant to a Vesting Tentative Map for any purpose which is inconsistent with the general plan and any applicable specific plan or is not permitted by the zoning ordinance or other applicable provisions of the municipal code.
4. Definitions.
a. VESTING TENTATIVE MAP. A tentative map for a residential subdivision, as defined in the Pinole subdivision ordinance, that shall have printed conspicuously on its face the words: “Vesting Tentative Map” at the time it is filed in accordance with subsection B1 of this section, and is thereafter processed in accordance with the provisions hereof.
b. All other definitions set forth in the Pinole subdivision ordinance are applicable.
5. Application.
a. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Pinole subdivision ordinance, requires the filing of a tentative map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions hereof.
b. If a subdivider does not seek the rights 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.
B. Procedures.
1. 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 the Pinole subdivision ordinance for a tentative map 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. At the time a vesting tentative map is filed, a subdivider shall also supply the following information:
i. Topography of the land with contour intervals as required by the city planning staff;
ii. Proposed street system and lot design;
iii. Areas proposed to be dedicated or reserved for parks, playgrounds, parkways, school sites, public or quasi-public buildings, and other such uses;
iv. Areas proposed for commercial uses, off-street parking, multiple-family and single-family dwellings and all other uses to be established within the district;
v. Proposed locations of buildings on the land;
vi. General elevations or perspective drawings of all proposed structures other than single-family dwellings;
vii. The existing natural land features, topography, rock outcrops, location of all trees which exceed six inches in diameter, tree masses and watercourses on and adjacent to the proposed development;
viii. Preliminary landscape and recreational plans;
ix. Preliminary grading proposed;
x. Engineering feasibility investigation, analyze conditions and make tentative conclusions and recommendations regarding the feasibility of constructing the proposed project; review and comment on such items as:
(A) Soils, slope, and geologic conditions and hazards, if any,
(B) Availability of utility services,
(C) Drainage,
(D) Traffic,
(E) Adequacy of planned structures;
xi. Proposed development schedule including all staging and phasing, if project is not to be developed as per unit. If project is to be developed in stages, the first phase shall be either:
(A) At least one-third the project ground area,
(B) A major tenant;
xii. Other data and information which may be deemed necessary by the planning commission or
City Council
for proper consideration of the application at the time of any public hearing.
2. Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees in an amount set by resolution of the
City Council
, for the filing and processing of a vesting tentative map.
3. 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, established by the subdivision ordinance or the expiration of the approval or conditional approval of a tentative map.
C. Development Rights.
1. Vesting on Approval of Vesting Tentative Map.
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 Government Code, Section 66574.2. 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.
b. Notwithstanding paragraph a. of this subdivision, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
i. 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.
ii. The condition or denial is required in order to comply with state or federal law.
c. 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 B3 of this section. If the final map is approved, these rights shall last for the following period of time:
i. An initial time period of eighteen months 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.
ii. The initial time period set forth in subparagraph i above 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 thirty days, from the date a complete application is filed.
iii. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subparagraph i expires. If the extension is denied, the subdivider may appeal that denial to
City Council
within fifteen days.
iv. If the subdivider submits a complete application for a building permit during the periods of time specified in subparagraphs i through iii above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
d. The rights conferred by this section shall be for the time periods set forth in subsection C1c of this section.
2. Applications Inconsistent with Current Policies. Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsections C1a and C2 of this section, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
D. Effective Date. The effective date of the ordinance codified in this section is January 1, 1986. (Ord. 478 § 2, 1986).