Chapter 17.48
VESTING TENTATIVE MAPS
Sections:
17.48.010 Citation and authority.
17.48.020 Purpose of provisions.
17.48.030 Definitions.
17.48.040 Applicability of provisions.
17.48.050 Consistency of development.
17.48.060 Filing and processing—Information required.
17.48.070 Fees—Completion of application.
17.48.080 Expiration.
17.48.090 Vesting on approval of map.
17.48.100 Development inconsistent with zoning—Conditional approval.
17.48.110 Applications inconsistent with current policies.
17.48.010 Citation and authority.
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 Ordinance.” (Ord. 452 § 1-1, 1986)
17.48.020 Purpose of provisions.
A. It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Ordinance, and to supplement the provisions of the Subdivision Map Act and 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.
B. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. 452 § 1-2, 1986)
17.48.030 Definitions.
As used in this chapter:
A. “Vesting tentative map” means a tentative map for a residential subdivision, as defined in this title, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Section 17.48.060, and is thereafter processed in accordance with the provisions hereof.
B. All other definitions set forth in the County Subdivision Ordinance are applicable. (Ord. 452 § 1-4, 1986)
17.48.040 Applicability of provisions.
A. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative 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 shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 452 § 1-5, 1986)
17.48.050 Consistency of development.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of county ordinances. (Ord. 452 § 1-3, 1986)
17.48.060 Filing and processing—Information required.
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 this title for a tentative map except as hereinafter provided:
A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
B. At the time a vesting tentative map is filed a subdivider shall also supply the following information in addition to information required in this title:
1. Soils report;
2. Height, size and location of buildings;
3. Sewer, water, storm drain and road design;
4. Information on the uses to which the buildings will be put;
5. Approved detailed grading plans;
6. Geological studies;
7. Flood control information (check with county engineer);
8. Architectural plans;
9. Any other studies the county has normally deferred to the building permit stage;
10. Other studies or reports as may be required on a uniform basis by the county engineer for particular aspects of the project shown on applicants vesting tentative map;
11. Avalanche studies. (Ord. 452 § 2-1, 1986)
17.48.070 Fees—Completion of application.
A. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the board of supervisors’ resolution for the filing and processing of a tentative map plus fees required for items submitted under Section 17.48.060 (B) in accordance with county ordinances regulating such items.
B. The application for a vesting tentative map shall not be deemed complete in accordance with Government Code Sections 65925 and 65940 until all items required under Section 17.48.060 (B) have been reviewed and approved by the county. (Ord. 452 § 2-2, 1986)
17.48.080 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, established by this title for the expiration of the approval or conditional approval of a tentative map. (Ord. 452 § 2-3, 1986)
17.48.090 Vesting on approval of map.
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 Section 66474.2 of the Government Code is repealed, 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 time the vesting tentative map is approved or conditionally approved.
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 their health or safety, or both;
2. The condition or denial is required, in order to comply with state or federal law.
C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 17.48.080. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of twelve months; where several final 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 map for that phase is recorded;
2. The initial time period set forth in subdivision 1 of this subsection 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 thirty days, from the date a complete application is filed;
3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the board of supervisors within fifteen days;
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 452 § 3-1, 1986)
17.48.100 Development inconsistent with zoning—Conditional approval.
A. Whenever a subdivider files a vesting tentative map or a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the map. The county planning commission may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 17.48.090(A), confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.
B. The rights conferred by this section shall be for the time periods set forth in Section 17.48.090 (C). (Ord. 576 § 48, 1995; Ord. 452 § 3-2, 1986)
17.48.110 Applications inconsistent with current policies.
Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Sections 17.48.090(A) and 17.48.100, and planning commission may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 576 § 49, 1995: Ord. 452 § 3-3, 1986)