Kern County Municipal Code Ch. 18.40 Vesting Tentative Maps

The purpose of this chapter is to establish procedures for implementation of Sections 66498.1 et seq. of the California Subdivision Map Act. 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. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the Kern County Ordinance Code.

(Ord. G-6533 § 3 (part), 1998)

Whenever a provision of the California Subdivision Map Act or this title requires the filing of a tentative subdivision map or tentative parcel map for a development, a vesting tentative map may instead be filed in accordance with the provisions of this chapter.

If a subdivider does not seek the rights conferred by this chapter, 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. G-6533 § 3 (part), 1998)

A. Filing and Processing. 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 Chapter 18.15 or 18.25 for tentative tract or tentative parcel maps, except as hereinafter provided. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

B. Expiration. Approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this title for the expiration of the approval or conditional approval of a tentative tract or tentative parcel map.

(Ord. G-6533 § 3 (part), 1998)

A. 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 Section 66474.2 of the California Government Code. However, if Section 66474.2 of the California Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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. Vesting tentative maps do not vest with respect to traffic impact fees and those traffic impact fees that are in effect when building permits are applied for on any lot within a recorded map, or phase thereof, shall be collected at or prior to permit issuance. In making this decision to not vest traffic impact fees, the board of supervisors hereby finds that, pursuant to Section 66498.1 of the Subdivision Map Act, failure to provide adequate funding for road and circulation system improvements will lead to increased traffic congestion which will result in increased air pollution and greenhouse gases that will directly result in adverse health impacts on the future residents of any new subdivision and existing and future residents in the immediate vicinity of the subdivision within the applicable traffic impact fee area. Application processing fees for vested maps do not vest because they represent the developer's share of the cost of providing those processing services.

B. A permit, approval, extension or entitlement associated with a vesting tentative map may be made conditional or denied if any of the following are determined:

1. A failure to do so would place the residents or occupants 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. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one (1) year beyond the 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 shall begin for each phase when the final map for that phase is recorded.

2. The initial time period set forth in Section 18.40.040(C)(1) above shall 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 (30) calendar days from the date a complete application is filed.

3. A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in Section 18.40.040(C)(1) above expires. If the extension for a tract or parcel is denied, the subdivider may appeal that denial to the board of supervisors within fifteen (15) calendar days.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in Sections 18.40.040(C)(1) through 18.40.040(C)(3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

D. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, such inconsistency shall be noted on the map. The county may deny such a vesting tentative map or approve it conditioned on the subdivider, or his/her designated representative, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 18.40.040(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

The rights conferred by this section shall be for the time periods set forth in Section 18.40.040(C).

E. Notwithstanding any provision of this title, a property owner, or his/her designated representative, may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsections (A) and (D) of Section 18.40.040, and the county may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. G-7629 §§ 77, 78, 2007; Ord. G-6533 § 3 (part), 1998)

(Ord. No. G-7850, § 10, 3-31-09)