Chapter 17.50 — 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 of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance.

(Ord. 751 N.S. (VIII-2-13.01), 1985)

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 (Map Act) and the subdivision ordinance of the city (Title 17 of this code). Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.

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.

(Ord. 751 N.S. (VIII-2-13.02), 1985)

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 the zoning ordinance (Title 18 of this code) or other applicable provisions of the Morgan Hill Municipal Code.

(Ord. 751 N.S. (VIII-2-13.03), 1985)

A.

"Vesting tentative map" means a tentative map that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 17.50.060 and is thereafter processed in accordance with the provisions of this chapter. Furthermore, vesting tentative map refers to a map which meets the requirements of subdivision (a) of Section 66424.5 and Section 66452 of the Subdivision Map Act. When the city approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect on the date the city has determined that the application for approval of the vesting tentative map is complete pursuant to Section 65943 of the Government Code.

B.

All other definitions set forth in the subdivision ordinance are applicable.

(Ord. 1143 N.S. § 54, 1993; Ord. 751 N.S. (VIII-2-13.04), 1985)

17.50.050 - Applicability.

A.

Whenever a provision of the Map Act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or a tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

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. 1477 N.S. § 1, 2000; Ord. 751 N.S. (VIII-2-13.05), 1985)

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 the subdivision ordinance for a tentative map except as provided in this section:

A.

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

B.

At the time a vesting tentative map is filed a subdivider shall also supply the following information:

1.

A statement that site, architecture and landscape plan approval has been granted, or that application for site, architecture and landscape plan approval and plans have been filed which will be concurrently

processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map;

2.

A statement that the vesting tentative map is consistent with the current zoning of the land, or an application has been filed for a zone amendment which will be processed concurrently with the vesting tentative map. If a conditional use permit is required, such permit shall be processed prior or concurrently with the vesting tentative map;

3.

A tentative utility plan indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable TV and street lighting to be installed to serve the subdivision and any facilities which currently exist within the boundary of the subdivision;

4.

The height, size, location, preliminary or conceptual architectural plans and use of all buildings to be constructed within the subdivision;

5.

Plans for all site development, including, but not limited to, grading, drainage facilities and miscellaneous structures, prepared by a registered civil engineer in accordance with city standards and approved by the director of public works;

6.

Required approval letters from other agencies where applicable and feasible;

7.

When required by the community development department, an economic analysis including analysis of the market for the subdivision;

8.

Landscape plans, including planting and irrigation details and drawings and specifications as prepared by a licensed landscape architect or contractor satisfactory for review by the director of community development;

9.

Geological studies in such form as acceptable to the director of public works and the chief building official, which shall include detailed soils reports, seismic analysis, bank stabilization, and other factors pertinent to the particular site location;

Specific information on the uses to which the proposed buildings will be put;

11.

Flood control information and statements showing compliance with flood hazard regulations;

12.

A tree preservation plan. If there are no trees on the site, a statement to that effect should appear on the vesting tentative map. The tree preservation plan shall accurately identify all existing trees as species, trunk size and dripline. Trees that are proposed for removal shall be marked "TO BE REMOVED." Any provisions for tree preservation, transplanting, or new planting shall be identified;

13.

As determined by the director of community development, a uniform sign program identifying locations of signs;

14.

The director of community development may request, and the applicant shall promptly furnish, information as may reasonably be necessary to enable the director to evaluate the vesting effect which would follow from approval of the map.

C.

All vesting tentative map submittals must be accurate and complete, and must satisfy all requirements of the community development department.

(Ord. 1477 N.S. §§ 2, 3, 2000: Ord. 751 N.S. (VIII-2-13.06), 1985)

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

(Ord. 751 N.S. (VIII-2-13.07), 1985)

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.

(Ord. 1477 N.S. § 4, 2000: Ord. 751 N.S. (VIII-2-13.08), 1985)

17.50.090 - Vesting on approval of vesting tentative map.

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 herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 17.50.080. If the final map is approved, these rights shall last for the following periods of time:

1.

An initial time period of one year. 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. All of such final maps must be recorded within the time period set forth in Section 17.50.080 or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded;

2.

The initial time period set forth in subsection (C)(1) 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;

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. The request for extension shall be submitted, in writing, to the secretary of the planning commission. The planning commission shall review any request for extension and submit a recommendation to the city council. An extension may be granted for a maximum of one year. The city council shall deny a request for extension unless it finds that changes to any city ordinances, policies,

or standards that were adopted subsequent to the time of filing the vesting tentative map are not necessary to protect the public health, safety or welfare;

4.

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

D.

Where several final maps are recorded on various phases of the project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded. The initial time period shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if the time used by the city to process exceeds thirty days from the date that a complete application is filed. At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a oneyear extension. If the extension is denied by the planning commission, the subdivider may appeal the denial to the city council within ten days of receiving written notice. If the subdivider submits a complete

application for a building permit during periods of time specified herein, the rights of vesting conferred by Section 66498.1 of the Subdivision Map Act shall continue until expiration of that permit or any extension of that permit granted by the local agency. The provisions of this subsection apply only to the extent permitted in a signed development agreement, if applicable in a residential subdivision.

(Ord. 1477 N.S. § 5, 2000; Ord. 1143 N.S. § 55, 1993; Ord. 751 N.S. (VIII-2-13.09), 1985)

Notwithstanding any other provision in this chapter, the development fees for the project described in the vesting map shall be those fees which are in effect charged as of the date the vesting tentative map is deemed completed.

(Ord. 1584 N.S. § 1, 2002: Ord. 883 N.S. § 1, 1989)

17.50.100 - Development inconsistent with zoning—Conditional approval.

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 shall deny such a vesting tentative map if the city finds the vesting tentative map to be inconsistent with zoning of the property or proposed zoning ordinance which is being processed concurrently with the vesting tentative map. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection A of Section 17.50.090, 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 subsection C of Section 17.50.090.

(Ord. 1477 N.S. § 6, 2000; Ord. 751 N.S. (VIII-2-13.10), 1985)

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 subsection A of Section 17.50.090 and Section 17.50.100, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 751 N.S. (VIII-2-13.11), 1985)

The city shall deny a vesting tentative map application if site, architecture and landscape plan (site review) approval has not been granted for the subdivision. If the subdivider filed a complete application for site review approval concurrently with filing the vesting tentative map application and final action has not been taken on the site review application, the subdivider may request that the city defer action on the vesting tentative map application until after final action has been taken on the site review application, provided that the subdivider agrees to an extension of any periods within which the city is legally required to act on the vesting tentative subdivision map application.

(Ord. 1477 N.S. § 7, 2000)

17.50.120 - Tentative map approvals based on standards in effect.

A.

Except as otherwise provided, in determining whether to approve or disapprove an application for a vesting tentative map, for which a development agreement has been signed, the city shall only apply those ordinances, policies and standards in effect at the date that the city has determined the application to be complete pursuant to Section 65943 of the Government Code.

B.

Subsection A shall not apply to applications for vesting tentative maps for which the city has, before determining the applications to be complete pursuant to Section 65943, done both of the following:

1.

Initiated proceedings by way of ordinance, resolution or motion;

2.

Published notice in the manner prescribed in Section 65090(a) of the Subdivision Map Act containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plans, or zoning or subdivision ordinances.

When the city has complied with both subsections (B)(1) and (2) of this section, the city may apply any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in effect on the date that the city approves or disapproves the vesting tentative map.

C.

If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant's request shall apply.

(Ord. 1143 N.S. § 56, 1993)

Chapter 17.52 - ENFORCEMENT

Sections: