Butte County Municipal Code Art. X Establishing Regulations for Vesting Tentative Maps for Residential…

This article 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. 3188, § 1(Exh. A), 3-14-95)

It is the purpose of this article 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 article, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Butte County general plan and any applicable specific plan or adopted community plan or not permitted by the zoning ordinance or other applicable provisions of the County Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(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 20-255 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. 3188, § 1(Exh. A), 3-14-95)

(a) This article 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. 3188, § 1(Exh. A), 3-14-95)

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) An erosion control plan which complies with the Erosion and Sediment Control Handbook, Department of Conservation, May 1981.

(2) A geologic study for all properties within five hundred (500) feet of an earthquake fault whether inferred or active, or within a special studies zone as shown on the Butte County General Plan Seismic Safety Element.

(3) Fire safety plan (water storage, building construction materials, interior sprinklers, vegetation removal) for all areas designated as high or extreme hazard by the Butte County General Plan Safety Element.

(4) Biologic and botanical surveys of all drainage swales, creek or river frontages, vernal pools, wetland areas (marsh, mountain meadow riparian), valley oak woodland, or areas of special biological importance as mapped by the department of fish and game, waterfowl concentration areas, anadramous and warm water fisheries.

(5) Flood hazard information for any designated zone A flood boundary.

(6) Noise survey of immediate environment (within two hundred (200) feet of all property lines).

(7) Lighting plan.

(8) Archaeological survey for all areas designated moderate or high on Butte County maps.

(9) Height of structures for any building within clear zone or approach zone of nearby airport as mapped by the airport land use commission.

(c) At the time a vesting map is filed, the subdivider shall have received prior approval on any required zoning changes.

(d) 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. 3188, § 1(Exh. A), 3-14-95)

(a) Upon filing a vesting tentative map, the subdivider shall pay the fees as adopted by the board of supervisors for the filing and processing of a tentative map.

(b) With regard to the payment of a 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) School fees.

(2) Drainage and/or flood control district fees.

(3) Park and recreational fees.

(4) Wildlife enhancement fees.

(5) Fire protection fees.

(6) Transportation fees.

(7) Road improvement fees.

(8) Public service fees.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

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. 3188, § 1(Exh. A), 3-14-95)

(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) herein, a permit, approval, extension or entitlement may be made conditional or denied if either of the following is determined:

(1) A failure to do so should 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 in section 20-257. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of two (2) 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) 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 (30) 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) expires. If the extension is denied, the subdivider may appeal that denial to the board of supervisors within fifteen (15) days.

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

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(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 20-258, 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 20-258.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Notwithstanding any provision of this article, 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 20-258 and 20-259, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)