Bakersfield Municipal Code Ch. 16.24 Vesting Tentative Maps

Sections: 16.24.010 Citation and authority. 16.24.020 Purpose and intent. 16.24.030 Consistency. 16.24.050 Application. 16.24.060 Filing and processing. 16.24.070 Fees. 16.24.080 Expiration. 16.24.090 Vesting on approval of vesting tentative map. 16.24.100 Development inconsistent with zoning—Conditional approval. 16.24.110 Applications inconsistent with current policies.

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). (Ord. 3515 § 1, 1993)

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 this title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to maps considered under this chapter.

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. 3515 § 1, 1993)

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 Title 17 or other applicable provisions of this code. (Ord. 3515 § 1, 1993)

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, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

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. 3515 § 1, 1993)

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 may also be required to supply the following information:

1. In the case of optional design subdivisions, a site development plan showing, in general, height, size, and
location of buildings, number of dwelling units, number and location of parking spaces, landscape areas, and
park sites, if any;

2. Sewer, water, drainage system details (including size and location of all mains) and size, location, and
landscaping (and walls) of all streets;

3. Flood control information (as required by the city engineer);

4. Preliminary soils report;

5. Other information which is deemed to be necessary for determining consistency with CEQA, and/or
which is necessary to comply with federal or state requirements. (Ord. 3515 § 1, 1993)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by city council resolution. (Ord. 3515 § 1, 1993)

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. 3515 § 1, 1993)

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; or

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 16.24.080. 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 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. The initial time period set forth in subsection (C)(1) of this section shall be automatically extended by one
year as permitted by Government Code Section 66498.5 without the need for a separate application.

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. The time limits set forth herein shall specifically
apply only to those building permit applications submitted during the periods of time specified in subsections
(C)(1) through (3) of this section. The expiration and extension of such building permits shall be governed by
the specific provisions of Chapter 15.05 of this code (Building Code) pertaining to permit issuance. (Ord. 4985
§ 1, 2019; Ord. 4715 § 1, 2012; Ord. 4232 § 5, 2005; Ord. 4004 § 10, 2001; Ord. 3748 § 9, 1997; Ord. 3515 § 1,
1993)

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 city shall deny such a vesting tentative map or approve it conditioned on the subdivider, or 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 16.24.090(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.

The rights conferred by this section shall be for the time periods set forth in Section 16.24.090(C). (Ord. 3515 § 1, 1993)

Notwithstanding any provision of this chapter, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections 16.24.090(A) and 16.24.100, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 3515 § 1, 1993)