Moraga Municipal Code § 1 Ordinance No. 108

The Moraga Subdivision Ordinance is amended by adding a new Chapter 94-3, Vesting Tentative Maps, to read as follows:

"Chapter 94-3

Vesting Tentative Maps

Section 94-3.002 Purpose

Section 94-3.004 Definitions

Section 94-3.006 Applicability

Section 94-3.008 Procedure

Section 94-3.010 Development Rights

Section 94-3.012 Effect of State and Federal Laws

Section 94-3.014 Amendment

Section 94-3.016 Town's Right to Condition or Deny Approval

Section 94-3.018 Fees

Section 94-3.020 Implementation

Section 94-3.002 Purpose.

The purpose of this chapter is to establish a procedure for the approval of a Tentative Map that provides certain statutorily vested rights to a subdivider under the Vesting Tentative Map Statute (Government Code, Section 65498.1 et seq.). This chapter implements and supplements that statute and the Moraga Subdivision Ordinance.

This ordinance and chapter may be cited as the Moraga Vesting Tentative Map Ordinance.

Section 94-3.004 Definitions.

In this chapter:

(1) "Vesting Tentative Map" is a Tentative Map for a residential subdivision which has been filed, processed and approved in accordance with the Vesting Tentative Map Statute and this chapter, and which has printed conspicuously on its face the words "Vesting Tentative Map";

(2) the definitions set forth in the Subdivision Ordinance apply.

(Reference: Government Code, Section 66452[c])

Section 94-3.006. Applicability.

This chapter applies only to residential development. Beginning January 1, 1986, this chapter will also apply to non-residential developments.

(Reference: Government Code, Section 66498.7)

Section 94-3.008. Procedure.

A. Option to File Vesting Tentative Map.

When a Tentative Map is required, the applicant may file a Vesting Tentative Map instead.

B. Filing.

A Vesting Tentative Map shall have printed conspicuously on its face the words "Vesting Tentative Map" before the Town may accept it for filing.

C. Subdivision Ordinance Applies.

Except as otherwise provided in this chapter, the Subdivision Ordinance applies to a Vesting Tentative Map and a Vesting Tentative Map is processed in the same manner as a Tentative Map.

D. Accompanying Data.

A subdivider shall provide the following information as part of the application for a Vesting Tentative Map:

(1) information which is required for the filing of an ordinary Tentative Map (Article 94-2.2 of Ordinance No. 77, as amended by Ordinance No. 81 and 92); and

(2) submittal requirements as set forth in Sections 8-3609, 8-3611 and 8-3612 of the Zoning Ordinance;

(3) any additional reasonable information which may be required by the Town.

Section 94-3.010. Development Rights.

A. Development Rights Created.

The approval of a Vesting Tentative Map confers a vested right to proceed with development in substantial compliance with the Town's ordinances, policies and standards in effect at the date the Town determines the application is complete.

(Reference: Government Code, Sections 66498.1, 66472.2, 65943.)

B. Duration of Development Rights.

The right to proceed with development as set forth in Subsection A continues for one year following the recordation of the Final Map or Parcel Map. If a project covered by a single Vesting Tentative Map is divided into phases and more than one Final Map is recorded, the one year period begins for each phase when the Final Map for that phase is recorded.

C. Expiration of Development Rights.

(1) The right to proceed with development as set forth in Subsection A expires if a Final Map is not approved before the Vesting Tentative Map expires.

(2) The time within which a Final Map may be filed is governed by County Ordinance Code Section 94-2.510 and Government Code Section 66452.6(a), (d) and (e).

(3) If the subdivider submits a complete application for a building permit during the one-year period specified in Subsection B, the right to proceed with development continues until the building permit expires.

(4) If a Final Map is recorded based upon a Vesting Tentative Map and the development rights expire, the Final Map remains in effect without the development rights.

D. Extension of Time for Exercise of Development Rights

(1) If the Town does not process an application for a grading permit or for design review within 30 days of the date the application is deemed complete by the Town, the one year period specified in Subsection B is automatically extended by the time exceeding the 30 day period used by the Town to complete processing.

(2) Before the expiration of the one-year period specified in Subsection B, a subdivider may apply to the Planning Commission for a one year extension. A decision of the Planning Commission granting or denying an extension may be appealed to the Town Council by filing a written notice of appeal within 15 days of the Commission's decision.

(Reference: Government Code, Sections 66498.1[b], 66452.6[g])

Section 94-3.012. Effect of State and Federal Laws.

This chapter relates only to the imposition of conditions and requirements imposed by the Town and does not affect the obligation of a subdivider to comply with the conditions and requirements of State and Federal laws, regulations or policies.

(Reference: Government Code, Section 66498.6[b])

Section 94-3.014. Amendment.

A subdivider may apply for an amendment to a Vesting Tentative Map at any time before the expiration of a Vesting Tentative Map. The Planning Commission shall adopt standards for evaluating a request for an amendment.

(Reference: Government Code, Section 66498.2)

Section 94-3.016. Town's Right to Condition or Deny Approval.

This chapter does not:

(1) enlarge or diminish the types of conditions which the Town may impose on a development; or

(2) diminish or alter the Town's power to protect against a condition dangerous to the public health or safety.

The Town may condition or deny a permit, approval, extension or entitlement relating to a Vesting Tentative Map if it determines that either:

(1) the failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety; or

(2) the condition or denial is required to comply with State or Federal law.

(Reference: Government Code, Sections 66498.6[a], 66498.1[c])

Section 94-3.018. Fees.

The amount of a fee imposed (processing, park dedication, etc.), as fixed by resolution, is determined at the time the fee is paid.

Section 94-3.020. Implementation.

The Town Council may adopt rules and regulations it considers necessary to implement and ensure compliance with this chapter.