31-10 VESTING TENTATIVE MAPS.

The purpose of this section is to establish a procedure for the approval of a tentative map that provides certain statutorily vested rights to a subdivider under the Vesting Tentative Map Statute (Government Code Section 66498.1 et seq.). This section implements and supplements that statute and the Danville Subdivision Ordinance.

This section may be cited as the Danville Vesting Tentative Map Ordinance. (Ord. #78-85, §94-3.002)

As used in this section:

a. Vesting tentative map is a tentative map for a residential subdivision which has been filed, processed and approved in accordance with the Vesting Tentative Map Statute and this section and which has printed conspicuously on its face the words “Vesting Tentative Map”;

b. The definitions set forth in the Subdivision Ordinance apply. (Reference: Government Code Section 66452 (c)*, all subsequent references are to the State Government Code.)

(Ord. #78-85, §94-3.004)

This section applies only to residential developments. Beginning January 1, 1988, this section will also apply to nonresidential developments. (Reference: California Government Code Section 66498.7)

(Ord. #78-85, §94-3.006)

a. Option to File Vesting Tentative Map . When a tentative map is required, a vesting tentative map may be filed instead.

b. Filing . A vesting tentative map shall have printed conspicuously on its face the words “Vesting Tentative Map” before the Town may accept it for filing.

c. Subdivision Ordinance Applies . Except as otherwise provided in this section, Chapter XXXI, Subdivision applies to a vesting tentative map and a vesting tentative map is processed in the same manner as a tentative map.

d. Accompanying Data . Such information as is ordinarily required under the provisions of this chapter for the filing of a tentative map shall also be required for the filing of a vesting tentative map. Supplemental information as relates to the vesting nature of the proposed vesting tentative map may also be required.

(Ord. #78-85, §94-3.008)

a. Development Rights Created . The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the Town’s ordinances, policies and standards in effect at the date the Town determines the application is complete. (See California Government Code Sections 66498.1, 66474.2, 65943.)

b. Duration of Development Rights . The right to proceed with development as set forth in paragraph a. continues for one (1) year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one (1) final map is recorded, the one (1) year period begins for each phase when the final map of that phase is recorded.

c. Expiration of Development Rights .

1. The right to proceed with development as set forth in paragraph a. expires if a final map is not approved before the vesting tentative map expires.

2. The time within which a final map may be filed is governed by County Ordinance Code Section 94-2.610 and Government Code Section 66452.6 (a), (d) and (e).

3. If the subdivider submits a complete application for a building permit during the one (1) year period specified in paragraph b., the right to proceed with development continues until the building permit expires.

4. If a final map is recorded based upon a vesting tentative map and the development rights expire, the final map remains in effect without the development rights.

d. Extension of Time for Exercise of Development Rights .

1. If the Town does not process an application for a grading permit or for design or architectural review within thirty (30) days of the date the application is complete, the one (1) year period specified in paragraph b. is automatically extended by the time exceeding the thirty (30) day period used by the Town to complete processing.

2. Before the expiration of the one (1) year period specified in paragraph b., a subdivider may apply to the Town Council for a one (1) year extension. (Reference: California Government Code Sections 66498.1 (b), 66452.6 (g))

(Ord. #78-85, §94-3.010)

This section relates only to the imposition of conditions and requirements imposed by the Town and does not affect the obligation to a subdivider to comply with the conditions and requirements of State or Federal laws, regulations or policies. (Reference: California Government Code Section 66498.6 (b))

(Ord. #78-85, §94-3.012)

a. This section does not: (1) enlarge or diminish the types of conditions which the Town may impose on a development; or (2) diminish or alter the Town’s power to protect against a condition dangerous to the public health or safety.

b. The Town may condition or deny a permit, approval, extension or entitlement relating to a vesting tentative map if it determines that either:

1. The failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety; or

2. The condition or denial is required to comply with State or Federal law. (Reference: State Government Code Sections 66498.6 (a), 66498.1 (c))

(Ord. #78-85, §94-3.014)

The amount of a fee imposed (processing, park dedication, etc.) as fixed by resolution is determined at the time the fee is paid. (Ord. #78-85, §94-3.016)