Merced Municipal Code Ch. 18.18 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 (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance.

(Ord. 1604 § 1 (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 this title. Except as otherwise set forth in the provisions of this chapter, all other provisions of this title shall apply. 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.

(Ord. 1604 § 1 (part), 1986).

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by Title 20 of this code or other applicable provisions of this code.

(Ord. 1604 § 1 (part), 1986).

A. A "vesting tentative map" means a tentative map for a residential subdivision, as defined in Section 18.08.120 of this code, that shall have printed conspicuously on its face the words vesting tentative map at the time it is filed in accordance with Section 18.18.060 of this chapter, and is thereafter processed in accordance with the provisions of this chapter.

B. All other definitions set forth in this title are applicable.

(Ord. 1604 § 1 (part), 1986).

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 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. 1604 § 1 (part), 1986).

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.

(Ord. 1604 § 1 (part), 1986).

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the planning department for the filing and processing of a tentative map.

(Ord. 1604 § 1(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 this title for the expiration of the approval or conditional approval of a tentative map.

(Ord. 1604 § 1 (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:

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 state or federal law.

C. The rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 18.18.080 of this chapter. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year;

2. 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 the phase is recorded;

3. The initial time period set forth in subsection C1 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;

4. A subdivider may apply to the site approval committee for a one-year extension at any time before the initial time period set forth in subsection C1 of this section expires. If the extension is denied, the subdivider may appeal that denial to the planning commission within ten days;

5. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections C1 through 4 of this section, the rights referred to in this chapter shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 1853 § 7, 1993: Ord. 1604 § 1 (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 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 map shall, notwithstanding Section 18.18.090 of this chapter, confer the 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 periods set forth in Section 18.18.090C of this chapter.

(Ord. 1604 § 1 (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 18.18.090 and 18.18.100 of this chapter and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 1604 § 1 (part), 1986).