Glenn County Municipal Code § 15.24 Vesting Tentative Maps

• 15.24.010 Purpose And Intent

• 15.24.020 Vesting On Approval Of Vesting Tentative Map

It is the purpose of this ordinance 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 Land Division Ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the land division ordinance shall apply to the Vesting Tentative Map Ordinance.

To accomplish this purpose, the regulations outlined in this ordinance 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. 1183 § 2, 2006)

1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development described in the application 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 However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development described in the application in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

2. 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 state or federal Law.

3. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this chapter. If the final map is approved and recorded, these rights shall last for the following periods of time:

   1. An initial time period of two years except where several final maps are recorded on various phases of a project covered by a single vesting tentative map; this initial time period shall be one year and a new one year period shall begin for each phase when the final map for that phase is recorded;

   2. The initial time set forth above shall be automatically extended by any time period 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 applicant may apply to the planning commission for a one year extension any time before the initial time period set forth expires. If the extension is denied, the applicant may appeal that denial to the board of supervisors within ten days as allowed by Title 15;

   4. If the applicant has obtained a building permit and substantial work has been done thereafter in reliance on those permits during the periods of time specified in subdivisions (1) through (3), the rights referred to herein shall continue until the expiration of that permit or any extension of that permit.

4. Fees charged for building permits or land use permits filed subsequent to the approval of a vesting tentative map shall be as required at the time the subsequent permit applications are filed. Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed. (Ord. 1183 § 2, 2006)

1. Whenever a applicant files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time, the inconsistency shall be noted on the map by the applicant. The county may deny such a vesting tentative map or approve it conditioned on the applicant, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance or a variance from the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 15.24.020, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

2. The rights conferred by this section shall be for the time period set forth in Section 15.24.020. (Ord. 1183 § 2, 2006)

Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals of permits for development which depart from the ordinances, policies and standards described in Section 15.24.020 and 15.24.030, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 1183 § 2, 2006)

• 15.25 Tentative Subdivision Maps

• 15.25.010 Sites Allocated For Public Purposes