When a provision of this Title 21 or Title 22 requires the filing of a tentative tract map or a tentative minor land division map, as defined in this Title 21, the subdivider may instead file a vesting tentative map in accordance with the provisions of this Title 21. The filing of a vesting tentative map is at the exclusive option of the subdivider and shall not be a prerequisite to any proposed subdivision or an application for development. (Ord. 88-0052 § 1, 1988: Ord. 86-0040 § 2 (part), 1986).

A vesting tentative map shall be filed in the same form, possess the same contents and be processed in the same manner as a tentative tract map or a tentative minor land division map whichever is applicable, including, but not limited to, criteria for rejection, dedications and the imposition of conditions, except as hereinafter provided. (Ord. 86-0040 § 2 (part), 1986).

Upon filing a vesting tentative map, the subdivider shall pay the filing fee required for the filing of a tentative tract map as contained in Section 21.40.090 or a tentative minor land division map as contained in Section 21.48.030. (Ord. 86-0040 § 2 (part), 1986).

At the time a vesting tentative map is filed, it shall contain on its face in a conspicuous manner the words “Vesting Tentative Map.” The subdivider shall provide the information and documents required in Sections 21.40.040, 21.48.040 and 21.48.050. (Ord. 86-0040 § 2 (part), 1986).

An approved or conditionally approved vesting tentative map for a tract or for a minor land division shall be effective for the periods of time as provided for in Sections 21.40.180 and 21.48.120, respectively, of this Title 21. (Ord. 86-0040 § 2 (part), 1986).

A. The approval or conditional approval of a vesting tentative map by the advisory agency shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete, pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code.
B. Notwithstanding the above provisions, a permit, approval, time extension and/or entitlement may be made conditioned or denied if any of the following are determined by the local agency:
1. 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
2. The condition or denial is required in order to comply with the mandates of either state or federal law.
C. The vested rights created herein by the approval or conditional approval of a vesting tentative map shall lapse, expire and be of no force and effect if the final map, parcel map or grant of waiver is not approved by the legislative body, advisory agency or other entity authorized to grant approval prior to the time limits set forth in Section 21.38.050. If a final map, parcel map or grant of waiver is approved in compliance with said section, these vested rights shall be effective for an initial period of not to exceed one year thereafter. Prior to the expiration of the initial one-year period, the subdivider may apply for an additional one-year extension of the period of the vested right to the advisory agency. If the extension is denied, the subdivider may appeal the denial to the board of supervisors within 15 days after the action of the advisory agency.
D. Where several final maps, parcel maps or grants of waiver are recorded on various phases of a development project covered by a single vesting tentative map, the aforesaid one-year time period shall run for each phase when the final map, parcel map or grant of waiver for that phase is recorded. The subdivider may file for a one-year extension as provided for in subsection C and appeal the denial of same in accordance therewith.
E. Where a complete application for a building permit is submitted by the subdivider within the time periods set forth above, the vested rights conferred by this chapter shall continue in full force and effect until the expiration of that permit, or any valid extension of the permit which may be granted by the department of public works.
F. The precise amount of fees required to be paid as a condition precedent to recording a map and/or completing a development shall be the amount in effect at the time of payment of fees. (Ord. 86-0040 § 2 (part), 1986).

When a subdivider files a vesting tentative map for a subdivision whose proposed development is inconsistent with the Zoning Ordinance in existence at the time of filing, said inconsistency shall be so noted on the map. The advisory agency may deny such a vesting tentative map or may approve it conditioned on the subdivider obtaining the necessary change in the Zoning Ordinance in order to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the ordinance and the map as approved by the Advisory Agency. (Ord. 86-0040 § 2 (part), 1986).

Notwithstanding any provision of this Title 21, a property owner may seek approval for development which departs from the ordinances, policies and standards described in Section 66474.2 of the Government Code. The advisory agency may grant approval for such development, but only to the extent that said departure is authorized under applicable law. (Ord. 86-0040 § 2 (part), 1986).