Chapter 39
VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS
Sections:
39-1. Title for citation – Statutory authority.
39-4. Consistency with general plan requirements.
39-5. Applicability of chapter provisions.
39-6. Filing procedure – Information required.
39-8. Same – Expiration and extensions.
39-9. Same – Rights conferred – Conditions and duration of approval.
39-10. Development inconsistent with zoning provisions – Conditional approval.
39-11. Applications inconsistent with current policies.
39-1 Title for citation – Statutory authority.
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.” (Ord. No. 544, § 1.)
39-2 Purpose of provisions.
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 the Subdivision Map Act and the Subdivision Ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map Ordinance. (Ord. No. 544, § 2.)
39-3 Definitions.
(a) A “vesting tentative map” shall mean a “tentative map” for a residential subdivision, as defined in the Subdivision Ordinance, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with section 39-6 herein, and is thereafter processed in accordance with the provisions hereof.
(b) All other definitions set forth in the County Subdivision Ordinance are applicable.
(c) Vesting rights apply to parcel maps. References to “tentative map” shall include tentative parcel maps, and references to “final map” shall include parcel maps.
(d) The “life” of the map is the time period starting with the approval (or conditional approval) of a vesting tentative map and ending when a final map has to be approved. (Ord. No. 544, § 4.)
39-4 Consistency with general plan requirements.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Colusa County general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the County Code. (Ord. No. 544, § 3.)
39-5 Applicability of chapter provisions.
(a) This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the county Subdivision Ordinance, 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. No. 544, § 5.)
39-6 Filing procedure – 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 the county Subdivision Ordinance 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:
(1) All information necessary to the complete and adequate study of the environmental consequences of the division as required under the provisions of the California Environmental Quality Act, commencing with Section 21000 of the Public Resources;
(2) All information necessary to the complete and adequate study of the need for on-site and off-site improvements for the proposed division;
(3) All information necessary to the complete and adequate review of the requirements of the Subdivision Map Act, commencing with Section 66410 of the Government Code.
(c) For the purpose of this chapter, the term “necessary information” means that information determined to be required in the sole discretion of the department of community development.
(d) Before a vesting map is approved, the subdivider shall have received prior approval for any required zoning changes.
(e) At the time a vesting map is filed, the subdivider shall file for any necessary use permit and the approval of any vesting map is contingent upon approval of said use permit. (Ord. No. 544, § 6; Ord. No. 790, § 23.)
39-7 Filing – Fees.
(a) Upon filing a vesting tentative map, the subdivider shall pay the fees as adopted by resolution for the filing and processing of a tentative map.
(b) With regard to the payment of any particular type of fee, the map approval may contain a condition that the amount of the fee is to be determined at the building permit stage. Prior to issuance of building permits, the subdivider may be required to pay any or all of the following fees:
(1) Fees established by Colusa County Ordinance 536 and its implementing resolutions in effect at the time the building permits are issued;
(2) School fees, as provided in Government Code Section 53080;
(3) Wildlife enhancement fees, as provided in Section 711.4 of the Fish and Game Code. (Ord. No. 544, § 7.)
39-8 Same – Expiration and extensions.
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 the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map. (Ord. No. 544, § 8.)
39-9 Same – Rights conferred – Conditions and duration of approval.
(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 Section 66474.2 of the Government Code. 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) herein, 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; these rights shall last for the following periods of time:
(1) An initial time period of two years. 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 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 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 subsection (c)(1) of this section 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 subsections (c)(1) through (c)(3) herein, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. No. 544, § 9.)
39-10 Development inconsistent with zoning provisions – Conditional approval.
(a) Whenever a subdivider files a vesting tentative map for 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 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 39-4, 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 39-9(c).
39-11 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 39-9 and 39-10, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. No. 544, § 11.)