The ordinance codified in this chapter 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."
It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of this title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to the Vesting Tentative Map Ordinance.
No land shall be subdivided pursuant to a vesting tentative map or vesting tentative parcel map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by Title 17 or other applicable provisions of this municipal code.
A. 
Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel 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 or vesting tentative parcel map shall not be prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
Applications for approval of vesting tentative maps and vesting tentative parcel maps shall be considered by the planning commission in a public hearing. The decision of the planning commission to approve, conditionally approve or deny approval of such maps shall be final unless the decision is appealed to the city council pursuant to the provisions of Section 16.12.290.
Except as provided in this section and subsections A and B hereof, a vesting tentative map or vesting tentative parcel 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 this title for a tentative map or tentative parcel map.
A. 
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." If the map is a vesting tentative parcel map, the words "Vesting Tentative Parcel Map" shall appear conspicuously on its face.
B. 
A planned development permit application, pursuant to Section 17.28.030 shall be filed concurrently with the vesting tentative map and/or vesting tentative parcel map and shall be processed concurrently therewith. A vesting tentative map or vesting tentative parcel map shall not be approved if all other discretionary permits or approvals have not been approved either prior to or concurrently with approval of the map. The planned development permit application shall comply fully with the requirements of Section 17.28.030 and, in addition, shall include the following specific details in a form satisfactory to the community development director and the city engineer:
1. 
The height, bulk, location, occupancy, and construction type of proposed buildings.
2. 
Architectural renderings of all elevations of proposed buildings.
3. 
Detailed information regarding the location of lot lines, lot dimensions, gross and net site area, location of existing and proposed easements.
4. 
Detailed design and specifications for all proposed and required public facilities including, but not limited to, on- and off-site sewer, water, drainage, streets with final graded and alignment.
5. 
Detailed geological, drainage, flood control, soils, traffic, or other reports deemed necessary by the community development director or city engineer to permit a complete review of the design and improvements for the subdivision.
6. 
Detailed final grading and drainage plans prepared by a registered civil engineer, showing existing and proposed finished grades at contour intervals satisfactory to the city engineer.
7. 
Detailed landscape plans prepared in accordance with city ordinances, policies and standards.
8. 
Environmental assessment or environmental impact report.
9. 
All local, state and federal permits or approvals required for development of the proposed project, except those requiring a final map as a prerequisite.
(Ord. 386 § 3, 2009)
Upon filing an application for a vesting tentative map or a vesting tentative parcel map, the subdivider shall pay the processing fee as adopted by resolution of the city council for tentative maps or tentative parcel maps and shall also pay the processing fee required for a planned development permit application.
The approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map or tentative parcel map.
A. 
Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date the city has determined that the application is complete as described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval of a vesting tentative map or vesting tentative parcel 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 application for the vesting tentative map or vesting tentative parcel map was deemed complete. Any disputes regarding whether a development substantially complies with the approved or conditionally approved map or with the ordinances, policies, or standards described in this subsection, shall be resolved by the city council.
B. 
Notwithstanding subsection A of this section, 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 health or safety, or both;
2. 
The condition or denial is required in order to comply with state or federal law.
C. 
The rights conferred by a vesting tentative map or a vesting tentative parcel map shall expire if a final map or parcel map is not approved and recorded prior to the expiration of the vesting tentative map or vesting tentative parcel map, as provided in Section 16.17.070. If the final map or parcel map is approved and recorded, the vested development rights shall extend for the following periods of time:
1. 
An initial time period of one year from the date the final map or parcel map is recorded. If several final maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map, this initial time period shall begin for each phase when the final map for that phase is recorded.
2. 
The initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit, or for design or development review if such processing exceeds thirty 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 set forth in subsection (C) (1) of this section expires. An extension may be granted only if the planning commission finds that the map still complies with the requirements of this chapter. The planning commission may approve, conditionally approve or deny an extension in its sole discretion. If the extension is denied, the subdivider may appeal the denial to the city council within fifteen days.
4. 
If the subdivider submits a complete application for a building permit during the period of time specified in subsections (C)(1) through (3) of this section, the right referred to herein shall continue until the expiration of that permit or any extension of that permit.
5. 
Upon the expiration of the time limits specified in subsection (C)(1) through (4) of this section, all rights conferred by this section shall cease and the project shall be considered to be the same as any subdivision which was not processed pursuant to this chapter.
6. 
Notwithstanding vested rights enumerated in this section, the amount of any fees which are required to be paid, either as a condition of the map approval or by operation of any law, shall be determined by the application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative map or vesting tentative parcel map.