§ 17.13

A tentative map filed in compliance with the provisions of this chapter may be approved as a vesting tentative map if it is in conformity with the provisions of this chapter and with the applicable provisions of Government Code Section 66424.5(b). Such map shall have printed conspicuously on its face the words "vesting tentative map" in compliance with Government Code Section 66452. The purpose of vesting tentative maps is to provide an alternative to development agreements.

(Ord. No. 355, Exh. A, 9-12-2017)

A vesting tentative map approved pursuant to this division shall be subject to the provisions of Government Code Sections 66424.5(b), 66452(b) and (c), 66452.6(g) and 66498.1. The rights conferred by a vesting tentative map as provided herein shall last for an initial period of one year beyond the date of the recording of the final or parcel map. This one-year time period may be extended by the planning commission in accordance with Government Code Section 66452.6 by filing a written request along with any fees established by the board of supervisors, with the department prior to the expiration of the initial time period.

(Ord. No. 355, Exh. A, 9-12-2017)

No tentative map shall be approved as a vesting tentative map within any zoning district requiring a development plan, unless a final development plan in conformity with the provisions of title 18 of the Modoc County Code is approved before or concurrently with the approval of the tentative map. A vesting tentative map may be approved without a final development plan in those zone districts in which there is no requirement for a development plan, except as may be required to determine the completeness of an application or to determine compliance with state or federal requirements. Projects within a zone district requiring a development plan for certain kinds of development will acquire vested rights to such development only for the improvements included in an approved development plan.

(Ord. No. 355, Exh. A, 9-12-2017)

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. However, at the time a vesting tentative map is submitted for processing, the subdivider shall also provide the following information:

A.

A detailed grading plan.

B.

Geological studies if located within an area prone to slippage, having highly erodible soils or of known geologic hazards.

C.

Detailed drainage or flood control information as required by the road department.

D.

A final development plan if the project is located in a zone district that requires a final development plan.

E.

A noise analysis if the project is located in the vicinity of a high noise generating use.

F.

A signed statement by the applicant indicating whether the project is located on a site which is included on any of the local lists prepared by the California Integrated Waste Management Board of all solid waste disposal facilities from which there is a known migration of hazardous waste.

(Ord. No. 355, Exh. A, 9-12-2017)

17.13.050 - Approval/denial of a vesting tentative map.

Approval or conditioned 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 of project completeness. Notwithstanding the above, a development permit or entitlement based on the vesting tentative map may be conditioned or denied or an extension of time may be denied if any of the following were likely to occur:

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, as determined by the approving authority.

B.

The condition or denial is required, in order to comply with state or federal law as determined by the approving authority.

(Ord. No. 355, Exh. A, 9-12-2017)

17.13.060 - Expiration of a vesting tentative map.

A vesting tentative map shall be subject to the same time limits as identified in section 17.08.160 of this title.

(Ord. No. 355, Exh. A, 9-12-2017)

The rights conferred by this chapter shall expire if a final or parcel map is not approved for recording prior to the expiration of the vesting tentative map. If a final or parcel map is approved and recorded the rights conferred by this chapter shall be subject to the periods of time as set forth in section 17.13.020 of this title.

(Ord. No. 355, Exh. A, 9-12-2017)