Colton Municipal Code Art. III Development Rights

A. The approval or conditional approval of a vesting tentative map must confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in California Government Code Section 66474.2. However, if Section 66474.2 of the California Government Code is repealed, the approval or conditional approval of a vesting tentative map must confer a vested right to proceed with development in substantial compliance with the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 above, any fee required to be paid after the tentative map is approved, such as park development fees, school development fees, drainage mitigation fees or all other applicable fees, shall be paid in the amount required at the time the fee is required to be paid.

C. 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.

D. The rights referred to in this section must expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.18.080. If the final map is approved, these rights last for the following periods of time:

1. An initial time period of one year from the date of recording 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 will begin for each phase when the final map for that phase is recorded.

2. The initial time period set forth in subdivision 1 of this subsection will 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. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. The request for extension should be submitted in writing to the city council.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to in this section will continue until the expiration of that permit, or any extension of that permit.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning code and general plan in existence at that time, that inconsistency must be noted on the map. The city 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 code to eliminate the inconsistency. If the change in the zoning code is obtained, the approved or conditionally approved vesting tentative map must, notwithstanding Section 16.18.090A, confer the vested right to proceed with the development in substantial compliance with the change in the zoning code and the map, as approved.

B. The rights conferred by this section are for the time periods set forth in Section 16.18.090.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

Notwithstanding any provision of this Title, a property owner or his or her designee may seek approvals or permits for development that depart from the ordinances, policies, and standards described in Sections 16.18.090A and 16.18.100, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as set forth in other provisions of Title 16 for a tentative map, except as hereinafter provided:

A. Subdivider shall obtain all necessary zone changes prior to or concurrent with filing a vesting tentative map.

B. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words: "Vesting Tentative Map."

C. At the time a vesting tentative map is filed, a subdivider may also be required to prepare/provide the following information:

1. Sewer, water, storm drain, and road details;

2. Geological studies;

3. Flood control information;

4. School impact analysis;

5. Traffic impact analysis;

6. Detailed grading plans;

7. Solar access, passive or natural heating or cooling opportunities analysis;

8. Any other material considered essential to the proper evaluation of the project (i.e.; open space maintenance responsibilities, provisions made for trails and/or parks and their maintenance responsibilities).

NOTE:

All developments require compliance with the California Environmental Quality Act. Some of the above information may be included in reports prepared for that purpose.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)