American Canyon Municipal Code Ch. 18.24 Vesting Tentative Parcel and Subdivision Maps

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 (hereinafter referred to as the vesting tentative map statute) and may be cited as the vesting tentative map ordinance.

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. 98-10 § 1, 1998

No land shall be subdivided and developed pursuant to a vesting tentative map for

any purpose which is inconsistent with the general plan or any of its elements, any applicable specific plan or planned unit development, the zoning ordinance, or any other applicable provisions of this title or the city municipal code.

Ord. 98-10 § 1, 1998

(A) A "vesting tentative map" means a tentative map for a residential subdivision that has printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with this title and is thereafter processed in accordance with the provisions hereof.

(B) All other definitions set forth in the subdivision ordinance are applicable.

Ord. 98-10 § 1, 1998

(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 parcel map or a tentative subdivision map for a residential development, a vesting tentative map may be filed instead 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. 98-10 § 1, 1998

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 subdivision map or tentative parcel map except it shall have printed conspicuously on its face the words, "vesting tentative map."

Ord. 98-10 § 1, 1998

Upon the filing of a vesting tentative map, the subdivider shall pay the fees required for the

filing and processing of a tentative subdivision map or tentative parcel map as established by resolution of the city council.

Ord. 98-10 § 1, 1998

Consideration by the planning commission and city council of any

tentative parcel or subdivision map shall be at a duly noticed public hearing. Notice of the place, time, and date of the public hearing and a brief description of the proposed subdivision and its location shall be according to the applicable procedures of tentative subdivision maps or tentative parcel maps as set forth in this title.

Ord. 98-10 § 1, 1998

(A) Except as may be provided for herein, a final map shall be submitted for processing within twenty-four months from the date of final action by the planning commission and/or city council to approve or conditionally approve a vesting tentative map.

(B) Where the city engineer determines that a subdivider is required to expend one hundred twenty-five thousand dollars or more to construct or improve public facilities outside the boundaries of the vesting tentative map that are reasonably related to the proposed development on said vesting tentative map site, a final map shall be submitted for processing within thirty-six months from the date of final action by the planning commission and/or city council to approve or conditionally approve a vesting tentative map.

(C) The city council may extend the expiration date of any vesting tentative map for not more than allowed under the applicable provisions of the Subdivision Map Act.

(D) All actions of the city council to extend a vesting tentative map shall be at a duly noticed public hearing in accordance with the provisions of this title.

Ord. 98-10 § 1, 1998

(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 for in this title and the Subdivision Map Act. 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 of recording the final map. Where 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 to the city council for a one-year extension at any time before the expiration of the initial time period set forth in subsection (C)(1) of this section;

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

Ord. 98-10 § 1, 1998