2010 JANUARY - Laserfiche WebLink

Sections: 19.22.010 19.22.020 19.22.030 19.22.040 19.22.050 19.22.060 19.22.070 Chapter 19.22 VESTING TENTATIVE MAPS Purpose. Definitions. Applicability. Procedure. Development rights. Limitations on development rights. Term and expiration of development rights. 19.22.010 Purpose. The purpose of this chapter is to establish a proce- dure for approval of tentative maps that provide certain statutorily vested rights to subdividers under the Subdi- vision Map Act. (Ord. 1233 § I (part), 1985; prior code § 2 -2.60) 19.22.020 Definitions. In this chapter: A. "Vesting tentative map" means a representa- tion of a subdivision which has been filed, processed and approved in accordance with the Subdivision Map Act and this chapter and which has printed conspicu- ously on its face the words, "Vesting Tentative Map." B. All other definitions as set forth in this title and the Subdivision Map Act shall apply. (Ord. 1233 § 1 (part), 1985; prior code § 2 -2.61) 19.22.030 Applicability. This chapter applies only to residential subdivi- sions. Beginning January 1, 1988, this chapter will also apply to nonresidential subdivisions. (Ord. 1233 § 1 (part), 1985; prior code § 2 -2.62) 19.22.040 Procedure. A. Option to File Vesting Tentative Map. When a tentative map is required by this chapter, a vesting tentative map may be tiled. B. Filing. A vesting tentative map shall be fled in the same manner as a conventional tentative map but shall have printed conspicuously on its face "Vesting Tentative Map" before it shall be accepted by the city. C. Application of Title. Except as otherwise provided in this chapter, the remaining provisions of this title apply to a vesting tentative map. A vesting tentative map shall be processed in the same manner as any other tentative map, and shall expire after the same period of 737 19.22.010 time and be subject to the same provisions for extension as an ordinary tentative map. D. Accompanying Data. Such information as is otherwise required under the provisions of this title for the filing of a tentative map shall also be required for the filing of a vesting tentative map. The community devel- opment director may require supplemental information as relates to the vesting nature of the proposed vesting tentative map. (Ord. 2000 § 1, 2009; Ord. 1233 § I (part), 1985; prior code § 2 -2.63) 19.22.050 Development rights. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's zoning and subdivision ordi- nances, policies and standards in effect on the date the city determines the vesting tentative map application is complete except as qualified by Section 19.22.060. (Ord. 1233 § I (part), 1985; prior code § 2 -2.64) 19.22.060 Limitations on development rights. A. State and Federal Laws. This chapter relates only to the imposition of conditions and requirements imposed by the city and does not affect the obligation of a subdivider to comply with the conditions and require- ments of state or federal laws, regulations or policies. B. Police Power Regulations. This chapter, however, does not enlarge or diminish the types of con- ditions which the city may impose on a development nor diminish or alter the city's police power to protect against a condition dangerous to the public health or safety. The city may condition or deny a permit, ap- proval, extension or entitlement relating to an approved vesting tentative map if it determines that either. 1. The failure to do so would place the resi- dents of the subdivision or the community in a condition dangerous to their health or safety; or 2. The condition or denial is required to com- ply with state or federal law. C. Discretion Conferred by Existing Ordi- nances. This chapter shall not be construed as a limita- tion upon discretion vested in the city council, planning commission or other decisionmaking body of the city by ordinances in existence at the time a vested tentative map is approved. For example, the zoning district appli- cable to a parcel at the time rights vest under this chapter designates a given use as a conditional use, then the de- cisionmaking body in its reasonable discretion may ap- prove, condition or deny the proposed conditional use on that parcel. D. Building Codes. This chapter shall not be construed to prevent changes in uniform fire, building, (Pleasanton Stipp. No. 3, I - I D )