Camarillo Municipal Code Ch. 18.12 Vesting Tentative Maps

A. The approval or conditional approval of a vesting tentative map shall confirm a vested right to proceed with development in substantial compliance with the ordinances, policies and standards of the city in effect at the time the vesting tentative map is approved or conditionally approved.

B. Notwithstanding subsection A, 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 the state or federal law.

C. 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 may deny such a vesting tentative map or approve it conditioned upon 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 18.10.180A, 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 period set forth in Section 18.10.180A.

D. Notwithstanding any other provision of this chapter, the property owner or his or her designee may seek approvals or permits for the development which depart from the ordinances, policies and standards described in Section 18.10.180A and B, and these approvals may be made to the extent that such departures are authorized under applicable law.

E. The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth in Section 18.10.050B and C.

F. Consistent with Subsection A above, an approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(Ord. 678 § 13, 1989: Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

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.

(Ord. 678 § 14, 1989: Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

It is the purpose of this chapter to establish procedures necessary for the implementation of the vesting tentative map statute as described in Section 18.12.010 and to supplement the provisions of the Subdivision Map Act and Title 18 of the Camarillo Municipal Code. 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. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

The city council finds, determines and declares that:

A. The state has determined the necessity for local agencies to permit vesting tentative maps.

B. The amendment to the Subdivision Map Act, permitting vested tentative rights, permits local agencies to adopt guidelines and regulations for the processing of vesting tentative maps.

C. The adoption of provisions for vesting tentative maps will not significantly affect the quality of the environment within the city, nor be contrary to the goals and objectives of the city's zoning ordinance, subdivision ordinance or general plan.

D. The vesting tentative map regulations set forth in this chapter will provide the necessary guarantees to insure that all projects are adequately served by streets, utilities and improvements as set forth in Title 18 of the Camarillo Municipal Code.

(Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

A. This chapter shall apply to residential, commercial and industrial developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Title 18, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may be filed instead of a tentative map in accordance with the provisions of this chapter.

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.

C. Except as otherwise set forth in the provisions of this chapter, the provisions of Title 18 shall apply to vesting tentative maps.

(Ord. 645 § 2, 1988; Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

All persons submitting a vesting tentative map shall pay all fees in accordance with Section 18.08.040. In addition, the city council may set an additional fee by resolution to reimburse the city on a pro-rata basis for the costs associated with establishing and adopting the procedures for vesting tentative maps which fee shall be paid upon presentation of the application for a vesting tentative map.

(Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as specified in Sections 18.10.010, 18.10.020, 18.10.030 and 18.10.040 of this title, and shall be processed in the same manner as set forth in this title 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, the subdivider shall also supply the following information:

1. Plans 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 approved by the director of engineering services;

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 director of engineering services;

3. Geological studies in such form as acceptable to the director of engineering services, 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;

6. Architectural plans satisfactory for review by the department of building and safety, including necessary structural calculations, energy calculations, and 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 planning department and community services review and approval;

8. Planned development permit application in accordance with Sections 19.16.260 (RPD zone), 19.22.190 (PO zone), 19.24.170 (CN zone), 19.26.200 (CPD zone), 19.27.190 (SC zone), Section 19.28.310 (LM zone), 19.30.240 (M-1 zone), and 19.32.240 (M-2 zone);

9. Development allotment application and support materials in accordance with Section 20.01.080 for residential subdivisions;

10. Traffic report and analysis, in a form approved by the director of engineering services;

11. All materials required to support the planned development application; and

12. Acoustical report, prepared by a licensed engineer in a form acceptable to the department of building and safety following the guidelines of the noise element of the general plan.

(Ord. 645 § 3, 1988; Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

All other approvals or permits for the project, except for development allotments and grading and building permits, must be obtained prior to or concurrently with the approval of the vesting tentative map. A vesting tentative map may be approved with a condition that certain city approvals or permits be approved or issued after approval of the vesting tentative map and any such condition shall not limit the city from imposing reasonable conditions on required approvals or permits necessary for the project and authorized by the ordinances, policies and standards of the city in effect at the time the vesting tentative map is approved or conditionally approved.

(Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period established by this title for the expiration of the approval or conditional approval for tentative maps, and shall be subject to the same extensions as established in Section 18.10.160 for the extension of tentative maps.

A. The rights conferred by a vesting tentative map shall last for one year following the recordation of the final map. 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.

B. The initial time period set forth in subsection A shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds thirty days from the date a complete application is filed.

C. If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to herein shall continue until the expiration of the permit or any extensions of that permit.

D. The subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection A expires.

(Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)

Modifications to an approved vesting tentative map shall be processed in accordance with Section 18.10.170.

(Ord. 603 § 2 (part), 1986: Ord. 602 § 2 (part), 1985.)