Martinez Municipal Code Ch. 21.43 Vesting Tentative Map

This Chapter is enacted for the purpose of providing administrative procedures for the implementation of the Vesting Tentative Map provisions of the Subdivision Map Act and to supplement the provisions of the Subdivision Map Act as they relate to vesting tentative maps. To accomplish this purpose, the adoption of this Chapter is 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 set forth in the provisions of this Chapter the provisions of Title 21 of the Martinez Municipal Code shall apply to the processing of Vesting Tentative Maps.

(Ord. 1092 C.S. § I, 1987)

When used in this Chapter, the following terms shall have the following meanings:

A.

"Vesting tentative map"

shall mean a tentative map for a subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" or "Vesting Tentative Parcel Map" and is thereafter processed in accordance with the provisions of this Chapter.

B. All other definitions set forth in Chapter 21.04 of this Title are applicable.

(Ord. 1092 C.S. § I, 1987)

A. Until January 1, 1988, the provisions of this Chapter shall apply only to residential developments.

B. Whenever a provision of the Subdivision Map Act or Title 21 of the Martinez Municipal Code requires the filing of a tentative map or tentative parcel map, a vesting tentative map may be filed instead.

C. This Chapter provides an alternative procedure for the filing of maps for residential subdivisions. Nothing contained in this Chapter shall limit a subdivider's right to file a regular tentative and/or tentative parcel map.

(Ord. 1092 C.S. § I, 1987)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan, any applicable specific plan, Title 21 or Title 22 of the Martinez Municipal Code.

(Ord. 1092 C.S. § I, 1987)

A vesting tentative map shall be filed in the same form and have the contents, accompanying data and reports, and shall be processed in the same manner as maps filed under Chapters 21.40, 21.42, and 21.50 of the Title except as herein provided:

A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map" or "Vesting Tentative Parcel Map".

B. Applications for vesting tentative maps shall be accompanied by and shall not be complete without the following additional approvals, data, reports and material.

1. Comprehensive development plan including development areas, street layouts, a comprehensive grading plan for the entire site, and a preliminary landscape plan including such elements as fences, pathways, exterior lighting, signs and other features visible to the public;

2. Preliminary floor plans and architectural elevations, indicating materials and colors or the buildings;

3. Slope Density analysis as required in Sections 22.12.130 through 22.12.180 if the proposal involves a residential project;

4. Preliminary soils report;

5. Other features the Planning Commission may deem appropriate.

(Ord. 1092 C.S. § I, 1987)

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 time extensions established by this Title for tentative maps and tentative parcel maps.

(Ord. 1092 C.S. § I, 1987)

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 time extensions established by this Title for tentative maps and tentative parcel maps.

(Ord. 1092 C.S. § I, 1987)

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 (A) alone, 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.

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

C. Notwithstanding (A) alone, an approved or conditionally approved vesting tentative map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits (even those secured after recordation of the final map) necessary for the development and authorized by the ordinances, policies and standards described in Section 21.43.080 A. If the ordinances, policies, or standards described in Section 21.43.080 A. are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her assignee, at any time prior to the expiration of the vesting tentative map pursuant to subdivisions (g) and (h) of Section 66452.6 of the California Government Code, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought.

D. The rights referred to herein shall expire if a final or parcel map is not approved prior to the expiration of the vesting tentative map. If the final or parcel map is approved, the development rights conferred under Section 21.43.080 A. shall last for the following periods of time:

1. An initial time period of twelve months (hereinafter called "initial time period"). Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the time limit shall begin for each phase when the final map for that phase is recorded.

2. Before any final map which is part of a phased project (within the meaning of Government Code Sections 66456.1 and 66452.6(g)) may be considered for approval, it must be filed within the time period, or any extensions thereof, provided for in Government Code Section 66452.6(a).

3. The initial time period shall be automatically extended by any time used for processing a completed 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.

4. A subdivider may apply for a one-year extension of the initial time period at any time before the initial time period expires. If the extension is denied, the subdivider may appeal that denial within fifteen days. A decision to grant or deny an application or extension shall be within the sole discretion of the advisory agency.

5. If the subdivider submits a completed application for a building permit during the initial time period or during any approved extension, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 1092 C.S. § I, 1987)

A. Applications for vesting tentative maps may be processed concurrently with any necessary rezoning.

B. In addition to conditions otherwise allowed by statute, ordinance, plan, or the City's police power, vesting tentative maps may also be subject to a condition which identifies the nature, type and extent of public infrastructure or services which will be needed to serve the proposed subdivision and surrounding area and which requires that the precise amount of that subdivider's contribution toward those types of infrastructure and services to be calculated by the applicable City department and paid at the time that occupancy permit is issued.

C. If the subdivider seeks to modify a vesting tentative or final map, such modification may be granted at the discretion of the advisory agency which approved the map, only after public notice and hearing. If the advisory agency approves the requested modification or any portion thereof, the advisory agency may impose additional conditions on such maps. Any such modification shall not extend the life of the vesting tentative or final map or any rights created thereby.

D. Whenever a vesting map whose development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, 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 confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

(Ord. 1092 C.S. § I, 1987)