Article III

• (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However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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, polices, 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 of 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, regulations, or applicable court decisions.

• (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 19-69.080. If the final map is approved, these rights shall last for the following periods of time:

  • (1) An initial time period of one year from the date the final map is recorded in the office of the Sonoma County Recorder.

Where several final maps are recorded on various designated approved 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, if such processing exceeds 30 days, from the date a complete application is filed;

• (3) A subdivider may apply to the Planning Commission for a single 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 City Council within 15 days of the date of the denial;

• (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;

• (5) A failure to comply with the time limits or periods as specified in subdivisions (1) through (4) of this subsection shall result in a loss of rights conferred by final map approval.

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City of Santa Rosa, CA § 19-69.110

SUBDIVISIONS

§ 19-69.130

• (D) In addition to conditions otherwise allowed by statute, ordinance, plan or the City's police power, vesting tentative maps may also be subject to a condition which identifies the nature, type, and extent of public infrastructure or services which will be needed to serve the proposed subdivision and surrounding area during the projected life of the vesting tentative and final maps and which requires that the precise amount of the subdivider's contribution toward those types of infrastructure and services shall be calculated by the applicable City department and paid at the time that building permits are issued.

• (Ord. 2549 § 1, 1986)

Should a subdivider file a vesting tentative map for a subdivision whose intended development is inconsistent with the then existing zoning on the property, that inconsistency shall be noted on the map. The Planning Commission shall deny approval of the proposed vesting tentative map, if at the time the Planning Commission considers the proposed map, the zoning on the property is still inconsistent with the intended development.

(Ord. 2549 § 1, 1986)

If the subdivider seeks to modify an approved or conditionally approved vesting tentative map, such modification may be granted at the discretion of the Planning Commission, but only after public notice and hearing. If the Planning Commission approves the requested modification or any portion thereof, the Planning Commission may impose additional conditions on such maps. Any such modification shall not extend the life of the vesting tentative map or any rights created thereby.

In filing for a modification of a vesting tentative map, the subdivider shall pay the fees established for a vesting tentative map, established under Section 19-69.070. (Ord. 2549 § 1, 1986)

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City of Santa Rosa, CA § 19-70.010

SUBDIVISIONS