Avenal Municipal Code Ch. 10.12 Vesting Tentative Maps

Sections: 10.12.010 Purpose. 10.12.020 Right to File a Vesting Tentative Map. 10.12.030 Application for Vesting Tentative Map. 10.12.040 Processing and Approving Authority. 10.12.050 Development Rights Upon Approval. 10.12.060 Filing and Processing of Final Vesting Map. 10.12.070 Administration of Vested Rights.

The purpose of this Chapter is to establish the procedures for the submission, review, and action by the city of vesting tentative maps. These provisions supplement the standard of the Subdivision Map Act. The intent of vesting tentative maps is to provide greater protection earlier in the development process by “locking in place” the ordinances, policies, and standards of the city at the time the application is deemed complete.

Whenever a provision of the Subdivision Map Act or this Title requires the filing of a tentative map (e.g., a tentative subdivision map, tentative parcel map), a vesting tentative map may instead be filed. Such vesting tentative map shall be in accordance with the provisions of this Chapter. 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.

This Section describes the required content and process for filing a vesting tentative map. A. Form and Content Consistent with Tentative Map Requirement: A vesting tentative map shall be filed in the same form and have the same content as required by this title for tentative maps. The application shall be filed in the same manner as tentative maps. B. Titled Vesting Tentative Map: At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map”. C. Additional Submittal Requirements: At the time a vesting tentative subdivision map is filed, the subdivider shall also supply the following information to the city:

1. Plans and studies for all public works improvements to be constructed as a condition of the subdivision, prepared by a registered civil engineer in accordance with city standards and

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June 2023 approved by the city engineer, including, but not limited to, sewer, water, storm drainage, dry utilities (e.g., electrical, gas, and roads). 2. Plans for all site development, including, but not limited to, grading, drainage facilities, and miscellaneous structures, prepared by a registered civil engineer in accordance with city standards and approved by the city engineer. 3. Geological studies in such form as acceptable to the city engineer and the building official, which shall include detailed soils reports, seismic analysis, bank stabilization, and other factors pertinent to the particular site location. 4. Specific information on the uses to which the proposed buildings will be put. 5. The height, size, and location of all buildings, building setbacks, number of stories, and driveway locations. 6. Architectural plans satisfactory for review by the city, including site plans, floor plans, exterior elevations, and other information necessary for building permit plan checks. 7. Landscape plans, including planting and irrigation details, and drawings and specifications as prepared by a licensed landscape architect or contractor satisfactory for review by the city. 8. Traffic reports and analysis, in a form approved by the city engineer, if required. 9. Acoustical report, prepared by a licensed engineer in a form acceptable to the city, if in an area anticipated to be greater than sixty-five decibels (65 dB) CNEL. 10. Flood control information and statements showing compliance with flood hazard regulations. 11. Such other exhibits, studies, and information that fully depict features of the development which the developer desires review for the purpose of approval concurrently with the vesting tentative map. D. Other Land Use Permits: If other discretionary land use approvals are required in connection with development under the vesting tentative map, the subdivider shall process them concurrently with the filing of the vesting tentative map and final action shall be taken by the highest level designated approving authority for all such requested permits. For purposes of this Section, “discretionary land use approvals” shall include, but not be limited to, general plan amendments, zone district amendments, conditional use permits, and variances.

The processing of a vesting tentative map shall be the same as provided in this title for tentative maps. The designated approving authority for vesting tentative maps shall be the planning commission. Review and action on a vesting tentative map shall be limited to those ordinances, policies, and standards in effect at the date the city has determined the application to be complete.

A. Generally: The approval of a vesting tentative map by the city shall confer a vested right to apply for permits needed to proceed with development and have the city exercise its discretion

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June 2023 to approve, disapprove, or approve such permits with conditions, on the basis of ordinances, policies, and standards in effect at the time the application was determined to be complete pursuant to Section 65943 of the Government Code. B. Disclaimers:

1. This Chapter does not enlarge, diminish, or alter the power of the city to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project.
2. Nothing in this Chapter removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any state or federal laws, regulations, or policies.
3. In the event that Section 66474.2 of the Subdivision Map Act is repealed, any subsequent approvals of vested maps shall confer a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect at the time the vesting map is approved or conditionally approved, rather than at the time the application was determined to be complete.
4. Notwithstanding this Chapter, the City may condition or deny a permit, extension, or entitlement, including, but not limited to, final maps and building permits, if it determines any of the following: a. 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. b. The condition or denial is required in order to comply with state or federal law.

A final vesting map shall be filed and processed in the same manner, form, and content, and shall be subject to the same fees prescribed for final maps and parcel maps as required by this Title. The “initial life” for vesting tentative maps shall be the same as for tentative maps as provided in this Title, and the life of a vesting tentative map may be extended as provided by this Title.

A. Concurrent Approvals: Approval of a vesting tentative map applies only to actions considered and approved by the designated approving authority. If the vesting tentative map was approved with conditions, the approval is subject to those conditions. If related applications for discretionary permits were approved in conjunction with the vesting tentative map, the approvals are subject to applicable ordinances, policies, and standards granting those entitlements, including any conditions thereof. B. Initial Life of Vested Rights: The rights conferred by a vesting tentative map as provided by this Chapter shall last for an initial period of one year after recording of the final map. This period may be extended as provided below. C. Extension of Vested Rights Through Recording of a Final Map: Where several final maps or final parcel 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 or final

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June 2023 parcel map for that phase is recorded. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial vesting period shall begin for each phase on the date the final map for that phase is recorded. D. Extension of Vested Rights Through Period For Subsequent Approvals: The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review if the time used by the local agency to process the application exceeds thirty (30) days from the date that a complete application is filed. E. Extension of Vested Rights By Moratorium Or Stay: Vesting rights shall automatically be extended at any time during which a development moratorium or stay on the project is in effect. F. Automatic Extension of Vested Rights: Vesting rights shall automatically be extended by any time used by a city department for processing a complete application for a grading permit or for design or architectural review if the time used by the city exceeds thirty (30) days from the date a complete application is filed. G. Extension of Vested Rights Through Building Permit: If the subdivider submits a complete application for a building permit during the periods of time specified above, the rights conferred by this Chapter shall continue until the expiration of that permit or any extension of that permit granted by the City. H. Termination of Vested Rights: Vested rights that have been conferred shall end on the occurrence of the following, whichever comes first:

1. A final map is not recorded within the initial life of the vesting tentative map unless a longer period is provided by state law or an extension is granted as provided by this Chapter.
2. If a final map is recorded, the vesting rights shall end one year after the date of final map recordation as provided in subsection B of this Section.
3. The expiration of a building permit, including extension, issued pursuant to a vesting tentative map, and issued during the time vesting rights are valid.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023