Carpinteria Municipal Code Ch. 16.45 Vesting Tentative Maps

The ordinance codified in 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), and may be cited as the "vesting tentative map ordinance."

(Ord. 385 § 1 (part), 1985)

A. 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 (Government Code of the state of California, Sections 66410 to 66499.58, as amended January 1, 1985) and Title 16 of the Carpinteria Municipal Code. Except as otherwise set forth in the provisions of this chapter, the provisions of Title 16 of this code shall apply to the vesting tentative map ordinance.

B. 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. 385 § 1 (part), 1985)

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 the zoning ordinance or other applicable provisions of the municipal code.

(Ord. 385 § 1 (part), 1985)

A. A "vesting tentative map" means a "tentative map" or "tentative parcel map" for a residential subdivision, as defined in Title 16 of this code, that shall have printed conspicuously on its face the words "Vesting Tentative Map" or "Vesting Tentative Parcel Map" at the time it is filed in accordance with Section 16.45.060, and is thereafter processed in accordance with the provisions hereof.

B. All other definitions set forth in Title 16 of this code are applicable.

(Ord. 385 § 1 (part), 1985)

A. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Title 16 of this code 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 developer does not seek the right 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. 385 § 1 (part), 1985)

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 Title 16 of this code, in particular, Sections 16.12.140, 16.12.150 and 16.12.160, for a tentative map or tentative parcel 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. A description of the project if one is proposed;

2. A statement of intent with respect to what use the buildings, if any exist or are proposed, will be put;

3. A plot plan of the proposed development, drawn to scale, showing:

a. Boundaries of the property,

b. The location, dimensions and uses of all existing and proposed buildings and structures on the subject property,

c. Location, size and number of parking spaces and loading spaces,

d. All interior circulation patterns, including streets, walkways, bikeways and connections to existing or proposed arterial or connector roads and other major highways,

e. Location and use of all buildings and structures within fifty feet of the property's boundaries,

f. Location, height and material of walls and fences,

g. Location of areas of geologic, seismic, flood and other hazards,

h. Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies, and significant existing vegetation,

i. Location and amount of land devoted to public purposes, open space, landscaping and recreation;

4. Proposed drainage system;

5. Building elevations;

6. Detail of landscaping and irrigation plan indicating extensive and proposed trees, shrubs and ground cover, and delineating species, size and placement;

7. Statistical Data.

a. Net and gross acreage and square footage of the property,

b. Height, ground floor area and total floor area of each building,

c. Number and type of dwelling units in each building, i.e., single-family dwelling, condominium, apartment, etc., and number of bedrooms in each dwelling unit, where applicable.

d. Building coverage expressed as a percent of the total net area of the property,

e. Percentage of the net or gross land area of the property devoted to landscaping, open space and/or recreation, whichever is appropriate,

f. Parking ratio: parking spaces per bedroom and dwelling units,

g. Estimated number of potential residents in each residential category,

h. Average slopes, if parcel contains slopes of thirty percent or more;

8. Three-dimensional perspective drawings and renderings to scale sufficient to show the architectural design, including colors and materials, of buildings and structures proposed to be constructed;

9. The off-site circulation pattern, including right-of-way dedication, street improvements, traffic-control measures, and acceleration and deceleration lanes. For uses which generate high traffic volumes, a traffic design plan may be required, as stipulated in the parking regulations, Chapter 14.45;

10. A statement of intent as to the establishment of utilities, services, and facilities including water, sewage disposal, fire protection, police protection, schools, transportation, i.e., proximity to transit or provision of bike lanes;

11. A statement of energy and water conservation measures and/or devices incorporated into the construction and occupancy phases of the development;

12. The on-site illumination plan emphasizing access, walkways, buildings, parking, landscaping and signs; illumination intensity shall be subject to planning commission approval after on-site inspection;

13. Signs, including size and location;

14. Measures to be used to prevent a reduced nuisance effect such as noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion, and to prevent danger to life and property;

15. Location of proposed easements or dedications for public access or recreational areas, trails or streets, as required by the city;

16. If development is to occur in stages, the sequence and timing of construction of the various phases;

17. Proposed homeowners association (if applicable) indicating CC&R'S, deeds, restrictions and methods of open space maintenance;

18. Any other data requested by the community development department.

C. Where a vesting tentative map filing is submitted in conjunction with a development plan, conditional use permit, or variance for the same property, the vesting tentative subdivision map shall be processed in conjunction with such discretionary permits. A vesting tentative map shall not be approved or conditionally approved when the applicant is seeking a variance or a conditional use permit until approval for those permits has been granted, conditionally granted, or denied. Approval or conditional approval of a vesting tentative map processed in conjunction with a development plan shall not be approved or conditionally approved until approval or conditional approval of the preliminary development plan has been granted.

(Ord. 385 § 1 (part), 1985)

Upon filing a vesting tentative map, the subdivider shall pay standard processing fees in amounts prescribed by resolution of the city council.

(Ord. 385 § 1 (part), 1985)

The approval or conditional approval of the vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by Sections 16.12.230 and 16.12.260 for the expiration of the approval or conditional approval of a tentative map and tentative parcel map.

(Ord. 385 § 1 (part), 1985)

A. 1.

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.

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 recorded prior to the expiration of the vesting tentative map as provided in Section 16.45.080. If the final map is recorded, these rights shall last for the following periods of time:

1. An initial time period of one year from the date of recordation of a 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.

2. The initial time period set forth in subdivision C1 of this subsection shall be automatically extended by any time used for processing the complete application for a grading permit or building permit if such processing exceeds thirty 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 subdivision C1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days.

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

(Ord. 385 § 1 (part), 1985)

A. No vesting tentative map for a subdivision which is inconsistent with the zoning ordinance of the general plan shall be approved unless and until the zoning ordinance or the general plan have been amended to eliminate the inconsistency.

B. The rights conferred in this section shall be for the time period set forth in Section 16.45.090C.

(Ord. 385 § 1 (part), 1985)

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approval for permits for development which depart from the ordinances, policies and standards described in Sections 16.45.090A and 16.45.110, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 385 § 1 (part), 1985)

The effective date of the ordinance codified in this chapter is January 1, 1986.

(Ord. 385 § 1 (part), 1985)