Loading...
(a) Whenever a property is to be subdivided, the Planning Department shall report on the question of consistency of the subdivision with the General Plan and TIDA shall report on consistency with the DDA and any other applicable Project Documents.
(b) The Director shall approve, conditionally approve, or disapprove the proposed subdivision, consistent with the SMA, subject to any decision on appeal by the Board of Supervisors.
(c) When the Planning Department or TIDA finds, subject to any decision on appeal by the Board of Supervisors, or when the Board of Supervisors finds, that a proposed subdivision will be consistent with the Project Documents or City Regulations only upon compliance with certain conditions, the Director shall incorporate said conditions in his or her conditional approval of the proposed subdivision.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Vesting Tentative Transfer Maps.
(1) Whenever a provision of this Code allows for filing of a Transfer Map, the Subdivider may file a Vesting Tentative Transfer Map and Final Map.
(b) Vesting Tentative Maps for Development Purposes.
(1) Whenever a provision of this Code requires that a Tentative Map or Parcel Map be filed, the Subdivider may file instead a Vesting Tentative Map and Final Map.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Vesting Tentative Transfer Maps. In addition to meeting the requirements otherwise applicable to Transfer Maps, any Subdivider applying for approval of a Vesting Tentative Transfer Map also shall, at the time the Vesting Tentative Transfer Map is filed:
(1) Have printed conspicuously on the face of the map the words "Vesting Tentative Transfer Map."
(2) Have printed conspicuously on the face of the map the words "FOR PURPOSES OF CONVEYANCING, FINANCING, AND/OR VESTING ONLY."
(3) Provide such additional information as required in Section 1333.2 of the City's Subdivision Code; provided, however, that the Director, in his sole discretion, may waive some or all of such requirements to the extent permitted under the SMA.
(b) Vesting Tentative Maps for Development Purposes. In addition to meeting the requirements otherwise applicable to Tentative Maps, any Subdivider applying for approval of a Vesting Tentative Map shall also, at the time a Vesting Tentative Map application is filed:
(1) Have printed conspicuously on the face of the map the words "Vesting Tentative Map."
(2) Provide such additional information as required in Section 1333.2 of the City's Subdivision Code; provided, however, that the Director, in his sole discretion, may waive some or all of such requirements to the extent permitted under the SMA.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Approval of a Vesting Tentative Transfer Map shall confer a vested right to proceed with future development approvals as set forth in Chapter 4.5 of the SMA, Sections 66498.1 et seq., and so long as the Development Agreement is in effect, also subject to Applicable Regulations and any permitted Future Changes to Regulations as described in the Development Agreement.
(b) Approval of a Vesting Tentative Map shall confer a vested right to proceed with development as set forth in Chapter 4.5 of the SMA, Sections 66498.1 et seq., and so long as the Development Agreement is in effect, also subject to Applicable Regulations and any permitted Future Changes to Regulations as described in the Development Agreement.
(c) The rights referred to in Subsections (a) and (b) shall expire if a Final Map is not approved before the expiration of the related Vesting Tentative Transfer Map or Vesting Tentative Map under California Government Code Section 66452.6, as modified by Section 1755 of this Code. If a Final Map is approved, the development rights referred to in Subsection (a) and (b) shall continue during the following period of time.
(1) Two years from the later of (i) the recording of the approved Final Map or (ii) the expiration or earlier termination of the Development Agreement. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Transfer Map or Vesting Tentative Map, this initial time period shall begin for each when the Final Map for that phase is recorded. Where the City uses more than 30 days to process a completed application for a grading permit or for design or architectural review, or such other period of time as provided in the Project Documents, this initial time period shall be extended by the processing time, counted from the date the application was completed.
(2) An additional period of not more than one year, if the proposed Subdivider applies for such an extension at any time before the expiration of the period provided in Subsection (c)(1), and if the Department of Public Works determines that such extension will not prejudice the interests of the public or other private parties. If the Department of Public Works does not act on an application for extension within 40 days after receiving it, it shall be deemed disapproved. The proposed Subdivider may appeal by filing a written appeal with the Clerk of the Board of Supervisors not later than 15 days after the disapproval. Any such appeal shall be heard at the time and under the procedural rules then applicable to appeals from denial of Tentative Maps.
(3) If the Subdivider submits a complete building or site permit application before the expiration of the applicable period stated in Subsection (c)(1) or (c)(2), the period during which that application is being processed and the period of the life of any corresponding building or site permit or any extension thereof.
(4) If a Final Map is recorded based upon a Vesting Tentative Transfer Map or a Vesting Tentative Map and the development rights under this Section expire, the Final Map remains in effect without those rights.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(b) Notwithstanding any other provision of this Code, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies or standards applicable under Section 1733.3(a) and (b), and the City may grant such approvals or issue such permits to the extent consistent with the Project Documents and City Regulations.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)
(a) Notwithstanding any provision of the Subdivision Code to the contrary, a Tentative Map shall not be deemed finally approved until TIDA, in accordance with the Project Documents, reviews and approves the Tentative Map to ensure that it is consistent with the Project Documents. TIDA shall also have the right to review any amendment to the Tentative Map, or a subsequent Tentative Map.
(b) The Applicant shall submit copies of its Application Packet for a Tentative Map, and the Application Packet for an amendment to a Tentative Map or a subsequent Tentative Map, to TIDA when it submits the Application Packet to the Director. TIDA, in accordance with the Project Documents, shall approve, disapprove or approve with conditions the Tentative Map, amendment to the Tentative Map, or a subsequent Tentative Map within 30 days following the date the Director determines that the Application Packet is complete, unless such time has been extended pursuant to Section 1726 of the Subdivision Code. TIDA shall deliver the determination to the Director of Public Works in writing, with a copy to the Applicant.
(c) Notwithstanding any provision of the Subdivision Code to the contrary, in accordance with the Project Documents, a proposed Final Map or Parcel Map shall not be deemed finally approved for recordation unless and until TIDA reviews and approves or is deemed to have approved the proposed Final Map or Parcel Map. TIDA shall approve the proposed Final Map or Parcel Map if: (i) development of the area covered by the proposed Final Map or Parcel Map is consistent with the Project Documents, City Regulations and project approvals issued by TIDA, if any; and (ii) the conditions that were imposed upon approval of the Tentative Map to provide infrastructure improvements consistent with the Project Documents have been satisfied or the performance of such conditions is otherwise secured by an Improvement Agreement.
(d) The Applicant shall submit copies of all proposed Final Maps or Parcel Maps to TIDA at the same time such proposed Final Maps or Parcel Maps are filed with the Director. TIDA shall approve, disapprove, or approve with conditions the proposed Final Maps or Parcel Maps within 30 days following receipt of the complete Final Map or Parcel Map from the Applicant, by delivering a determination to the Director of Public Works, with a copy to the Applicant.
(Added by Ord. 99-11, File No. 110230, App. 6/15/2011, Eff. 7/15/2011)