Mendota Municipal Code Ch. 16.20 Vesting Tentative Maps

This chapter is enacted under 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), and may be cited as the Vesting Tentative Map Ordinance.

(Prior code § 14.06.001)

A. 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 (Government Code Sections 66410 — 66499.58) and this title.

B. 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.

(Prior code § 14.06.002)

No land shall be subdivided and developed which is inconsistent with the Subdivision Map Act.

(Prior code § 14.06.003)

A. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed in accordance with these provisions.

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.

(Prior code § 14.06.004)

A vesting tentative map shall be filed in the same form and have the same content, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map 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."

(Prior code § 14.06.005)

On filing a vesting tentative map, the subdivider shall pay the fees by a resolution of the city council.

(Prior code § 14.06.006)

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 chapter for the expiration of the approval or conditional approval of a tentative map.

(Prior code § 14.06.007)

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 Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantive 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 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 federal or state law.

C. The rights referred to in this chapter shall expire if the final map is not approved before the expiration of the vesting tentative map as provided in Section 16.20.070. If the final map is recorded, these rights shall last for the following periods of time:

1. An initial time period of twenty-four (24) months. 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 subsection (C)(1) of this section 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 (30) days from the date a complete application for the permit or review is filed;

3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days;

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (C)(1) — (3) of this section, the rights referred to in this chapter shall continue until the expiration of that permit, or any extension of that permit.

(Prior code § 14.06.008)

A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with a 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, notwithstanding Section 16.20.080(A), confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B. The rights conferred by this section shall be for the time period set forth in Section 16.20.080(C).

(Prior code § 14.06.009)