Chapter 17.22 — VESTING TENTATIVE MAPS

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California, hereinafter referred to as the "vesting tentative map statute."

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

It is the purpose of this chapter 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 subdivision ordinance of the county. 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.

Except as otherwise provided, the provisions of the subdivision ordinance of the county shall apply to this chapter.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is:

A.

Inconsistent with the county general plan;

B.

Inconsistent with any applicable specific plan;

C.

Not permitted by the zoning ordinance or other applicable provisions of this code.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

As used in this chapter:

A.

A "vesting tentative map" means a tentative map for a subdivision, as defined in the subdivision ordinance, that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Section 17.22.060, and is thereafter processed in accordance with the provisions of this chapter.

B.

All other definitions set forth in the subdivision ordinance are applicable.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

A.

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or tentative parcel map for a 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 preparatory to construction.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

A Vesting tentative map shall be processed and reviewed using the same procedures as specified in this Title for a Tentative Map in compliance with Section 17.20, except as specified in this section.

A.

Before filing a vesting tentative map, the subdivider shall submit a preliminary map to determine if any additional information should be filed with the vesting tentative map application. The applicant shall submit all information required of a tentative map application. This information shall be reviewed by the subdivision committee and the committee may require additional information based upon site conditions and/or the design of the map to be submitted with the vesting tentative map application.

B.

An approving action of the vesting tentative map shall not occur before the effective date of approval of the associated discretionary permit(s) or action(s).

C.

Upon filing a vesting tentative map, the subdivider shall pay the fees required in compliance with the Madera County master fee schedule for the filing and processing of a vesting tentative map.

D.

The 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 division for the expiration of the approval or conditional approval of a tentative map in compliance with Section 17.20.111.

E.

At any time before the expiration of a vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map in compliance with Section 17.04.090 (minor revisions).

F.

For a subdivision whose intended development is inconsistent with the land use zoning district or any applicable specific plan in existence at that time, that inconsistency shall be noted on the map. The review authority may disapprove a vesting tentative map or approve it conditioned on the subdivider first obtaining the necessary change in the land use zoning district or applicable specific plan to eliminate the inconsistency. If the change in the pertinent ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the right to proceed with the development as approved or conditionally approved.

G.

Fees for development permits (e.g., building and grading permits) filed in compliance with an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of the permit.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1926).

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the board of supervisors for the filing and processing of a tentative map and necessary plan-check fees.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

The 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 the subdivision ordinance for the expiration of the approval or conditional approval of a tentative map. This section pertains to the life of the vesting tentative map, as distinguished from the rights of the map conferred by the approval of the vesting tentative map.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

A.

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 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 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 of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

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;

The condition or denial is required, in order to comply with state or federal law.

C.

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 Section 17.22.080. If the final map is approved, these rights shall last for the following periods of time:

An initial time period of two-year period. 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;

The initial time period set forth in subsection (C)(1) of this section 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 days, from the date a complete application is filed;

A subdivider may apply for a one-year extension at any time to the planning commission before the initial time period set forth in subsection (C)(1) of this section expires. If the extension is denied by the commission, the subdivider may appeal that denial to the board of supervisors within ten days;

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

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

A.

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, that inconsistency shall be corrected prior to or as a part of the vesting tentative map process.

B.

The rights conferred by this section shall be for the time period set forth in Section 17.22.090(C).

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).

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 Sections 17.22.090(A) and 17.22.100, and the county may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 278N § 5(part), 2004: Ord. 493 (part), 1986).