Hanford Municipal Code Ch. 16.32 Vesting Tentative Subdivision and Parcel Maps

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of the Subdivision Map Act of Title 7 of the California Government Code (hereinafter referred to in this chapter as the Vesting Tentative Map Statute) and may be cited as the city of Hartford vesting tentative map ordinance.

(Prior code § 9-3.1301; Ord. 95-26 § 1, 1995)

It is the purpose of this chapter to establish local procedures necessary for the implementation of the Vesting Tentative Map Statute.

To accomplish this purpose, the regulations set forth 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.

(Prior code § 9-3.1302; Ord. 95-26 § 1, 1995)

No vesting tentative map shall be approved for any purpose which is inconsistent with the general plan and any applicable specific plan of the city or which is not permitted by the zoning ordinance or other applicable provisions of this code, except as provided by Sections 16.32.100 and 16.32.110.

(Prior code § 9-3.1303; Ord. 95-26 § 1, 1995)

For the purposes of this chapter:

"Vesting tentative map"

means a tentative subdivision map or tentative parcel map for a residential, commercial or industrial use subdivision, which map shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.32.060 and is thereafter processed in accordance with the provisions of this chapter. For purposes of this chapter, "vesting tentative map" shall include a vesting tentative map prepared in connection with a parcel map.

All other definitions set forth in this title shall be applicable.

(Prior code § 9-3.1304; Ord. 95-26 § 1, 1995)

A. This chapter shall apply to residential, commercial and industrial use developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative subdivision map or tentative parcel map for a residential, commercial or industrial use development, a vesting tentative map may instead be filed 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 prepatory to construction.

(Prior code § 9-3.1305; Ord. 95-26 § 1, 1995)

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 this title for a tentative map, except as follows:

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 for any type of development, the subdivider shall:

1. Supply the information required by Sections 16.08.040 and 16.08.050 and any amendments thereto which are in effect at the time the application is deemed complete;

2. Supply the following additional information:

a. The contemplated uses. If any nonconforming uses exist or are requested, the uses shall be described in detail;

b. The existing contour elevations at one-foot intervals of the site topography;

c. Geotechnical information and studies where construction is contemplated to be immediately adjacent to or on top of some unusual feature of the terrain, such as on a former landfill; and

d. Mitigation statements concerning any known potential adverse significant effects of the environment.

C. The discretion provided to the city under Section 17.62.010 for use of the PUD process, shall not be applicable to vesting tentative maps and all subdivisions, other than a single-family detached housing subdivision, shall be processed as a planned unit development pursuant to the procedure described in Chapter 17.62 and any amendments thereto which are in effect at the time the application is deemed complete and the applicant must satisfy all of the conditions and requirements set forth in Chapter 17.62 as amended.

(Prior code § 9-3.1306; Ord. 95-26 § 1, 1995)

Upon the filing of an application for a vesting tentative map, the subdivider shall pay the following fees:

A. The fees for filing and processing a vesting tentative map;

B. The PUD fee;

C. Environmental review fee; and

D. All other applicable fees.

(Prior code § 9-3.1307; Ord. 95-26 § 1, 1995)

A. In determining whether to approve or disapprove an application for a vesting tentative map, the city shall apply only those ordinances, policies and standards in effect on the date that the city deems the application to be complete pursuant to Section 65943 of the Government Code.

B. The city shall approve or disapprove a vesting tentative map in accordance with Chapter 4.5 commencing with Section 66498.1 of the California Government Code as amended.

(Prior code § 9-3.1308; Ord. 95-26 § 1, 1995)

A. An approved or conditionally approved vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions as established by the California Government Code (Section 66452.6) as amended for nonvesting tentative maps. The total of all time extensions for vesting tentative maps shall not exceed three years except when automatically extended as provided by California Government Code Section 66452.6 as amended. If a subdivider allows the Tentative Map approval time period to expire, the subdivider must reapply for a new vesting tentative map. If a vesting map is recorded in phases, the first phase and all subsequent phases to be recorded must be recorded prior to the vesting tentative map expiring.

B. The rights conferred by a vesting tentative map shall expire if a final map is not recorded prior to the expiration of the vesting tentative map as provided in this section. If the final map is recorded, the rights conferred shall last for a period of one year from the date of the recording of the final map. Where one single vesting tentative map is submitted which covers several phases of a project, the rights conferred for each phase shall last for a period of one year from the date of recording of the final map for that phase.

(Prior code § 9-3.1309; Ord. 95-26 § 1, 1995)

Whenever a subdivider files an application for a vesting tentative map for a subdivision whose intended development is inconsistent with the general plan, zoning ordinance, or other policies or standards of the city in existence at the time the application is deemed complete, the subdivider shall obtain the necessary change in the general plan, zoning ordinance, or other policy or standard in order to eliminate the inconsistency prior to or simultaneously with the approval or conditional approval of the vesting tentative map.

(Prior code § 9-3.1310; Ord. 95-26 § 1, 1995)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in effect at the time the application for the vesting tentative map is submitted, the inconsistency shall be noted on the map.

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 16.32.080(A). The city may grant these approvals or issue such permits to the extent that the departures are authorized pursuant to this chapter, the municipal code, the general plan and other applicable law.

(Prior code § 9-3.1311; Ord. 95-26 § 1, 1995)

Minor modifications to an approved or conditionally approved vesting tentative map or vesting final map may be approved by the planning department and/or city engineer if the modifications do not include the following:

A. Changes in the basic design of the map;

B. Changes in the number of lots or units; except for the reduction in the number of lots for a single family detached housing subdivision.

C. Changes in the orientation of roads; or

D. Other similar changes.

(Prior code § 9-3.1312; Ord. 95-26 § 1, 1995)