The provisions of this chapter are 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, hereafter referred to as the Vesting Tentative Map Statute.
(Ord. 94-29, eff. 12/15/94)
Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map, a vesting tentative map may be filed in accordance with the provisions of this chapter.
(Ord. 94-29, eff. 12/15/94)
(a) 
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 Chapter 3 of this title, except as hereinafter provided.
(1) 
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "VESTING TENTATIVE MAP."
(2) 
At the time a vesting tentative map is filed, the subdivider shall also supply the following information:
(A) 
Height, size, location, and general uses of all existing and proposed buildings.
(B) 
Existing and proposed sewer, water, storm drain, and road details.
(C) 
Detailed grading plans, including a soils report.
(D) 
Flood control information.
(E) 
Public improvement plans.
(F) 
Architectural elevations and floor plans for all of the proposed buildings.
(G) 
Any other study the City normally defers to the building permit stage consistent with the limitations of Section 66498.8(d) of the Government Code.
(b) 
Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by this title for the filing and processing of a tentative map.
(c) 
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, as established by Chapter 3 of this title for the expiration of the approval or conditional approval of tentative maps.
(Ord. 94-29, eff. 12/15/94)
(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 66474.2. However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall still confer a vested right to proceed with development in substantial compliance with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 was approved or conditionally approved.
(b) 
Notwithstanding Section 11-4.04(a) above, any impact fees applicable to a vesting tentative map that are existing at the time the vesting tentative map application is deemed complete shall be paid in the amount required at the time each is required to be paid or performed. This provision only pertains to fee adjustments pursuant to the Engineering News Record Costs of Construction Index, or other appropriate index used by the City.
(c) 
Notwithstanding Section 11-4.04(a) above, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
(1) 
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.
(2) 
The condition or denial is required in order to comply with state or federal law.
(d) 
The rights referred to in this chapter shall expire if a final or parcel map has not been recorded prior to expiration of the vesting tentative map as provided in Section 11-4.03 of this chapter.
(e) 
If the final or parcel map is recorded, these rights shall last for the following periods of time:
(1) 
An initial time period of 24 months. Where several final or parcel 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 or parcel map for that phase is recorded.
(2) 
The initial time period set forth in Section 11-4.04(e)(1) 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 30 calendar days from the date a complete application is filed.
(3) 
A subdivider may apply to the Planning Commission for a one year extension at any time before the initial time period as set forth in Section 11-4.04(e)(1) above expires. If the extension is denied, the subdivider may appeal that denial to the City Council in accordance with Section 11-13.04(b) of this title.
(4) 
If the subdivider submits a complete application for a building permit during the periods of time specified in Sections 11-4.04(e)(1)-(3) above, the rights referred to in this chapter shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 94-29, eff. 12/15/94)