16.16.120 Vesting tentative maps.
Pursuant to the authority granted by Chapter 4.5 of Division 2 of Title 7 of the California Government Code, for any residential subdivision for which a tentative map is required by the Subdivision Map Act or this title, a vesting tentative map may instead be filed, in accordance with the following provisions:
A. Filing and Processing.
1. A vesting tentative map shall be filed in the same form and have the same accompanying data and reports and shall be processed in the same manner, including payment of fees, as set forth in this title for tentative maps, except:
a. No vesting tentative map may be filed until all prior discretional approvals applicable to the proposed development, such as rezoning or conditional use permits, have been obtained or are being obtained simultaneously;
b. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
2. If a subdivider does not seek the rights conferred by the vesting tentative map statute, then the filing of a vesting tentative map shall not be a prerequisite to any appeal for any proposed subdivision, permit for construction or work preparatory to construction.
B. Expiration. The approval or conditional approval of a vesting tentative map shall expire at the same time, and shall be subject to the same extensions established in Section 16.20.010 of this title for the expiration of the approval or conditional approval of a tentative map.
C. Development Rights. 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 date that the vesting tentative map application is determined complete. However, if proceedings have been formally initiated in accordance with Government Code Section 66474.2 to amend applicable general or specific plans or zoning or subdivision ordinances before the complete application is received, such policies, ordinances or standards may be applied to the application if they are in effect on the date the vesting tentative map is approved or disapproved.
D. Limits of Vested Rights. A permit, approval, extension or entitlement (including all subsequent approvals) may be conditional or denied if it is determined that: a failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety; or, the condition or denial is required in order to comply with federal or state law.
E. Applications Inconsistent with Current Policies. A property owner or his designee may seek approvals or permits for development which departs from the ordinances, policies and standards described in subsection C of this section, and these approvals may be granted or permits issued to the extent that the departures are authorized under applicable law.
F. Expiration of Vested Rights.
1.
The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided under subsection B of this section. If the final map is approved, these rights shall last for the following period of time:
a. An initial time period of one year. Where several final maps are recorded in 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.
b. A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days.
c. If the subdivider submits a complete application for a building permit during the time set forth in subsections F1a and F1b of this section, the rights referred to shall continue until expiration of that permit, or any extension of that permit.
d. The initial time period set forth in subsection F1a of this section shall automatically be extended by any time used for processing a complete application for a grading permit or architectural review, if such processing exceeds thirty days from the date a complete application is filed.
2. If the applicant lets one of these time periods expire, the applicant is then treated the same as if he or she were an ordinary applicant without the rights conferred by the vesting map. (Ord. 441 § 1 (part), 1988)