Napa County Municipal Code Ch. 17.16 Vesting Tentative Maps

A. Whenever a tentative map is required to be filed, a vesting tentative map may instead be filed. If a subdivider does not seek the rights conferred as a result of filing a vested tentative map, a tentative map may be filed. Unless expressly provided otherwise, the provisions of this title which apply to tentative maps shall also apply to vesting tentative maps.

B. When the advisory agency, or on appeal the board, approves or conditionally approves a vesting tentative map, that approval confers a vested right to proceed with development in substantial compliance with the ordinance, policies and standards described in Section 17.14.250 of this title.

C. The rights accruing to an approved or conditionally approved vesting tentative parcel or subdivision map shall expire at the end of the same time period, and shall be subject to the same time extensions permitted by Chapter 17.18 of this title for tentative parcel maps or tentative subdivision maps.

D. If a final or parcel map is approved, the rights conferred by subsection (B) of this section shall last for the following period of time:

1. An initial time period of twenty-four months following the recording of the final or parcel map. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the twelve-month time limit shall begin for each phase when the final map for that phase is recorded; and

2. Any time used for processing a complete application for a grading permit or for design or architectural review which is filed prior to the expiration of the twenty-four-month period identified in subsection (D)(1) of this section, to the extent such processing exceeds thirty days from the date a complete application is filed.

E. Notwithstanding subsections (B) and (D) of this section, an approving officer or body may condition or deny a permit, approval, extension or entitlement involving property subject to a vesting tentative map if it determines any of the following:

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; or

2. The condition or denial is required in order to comply with state or federal law.

F. A tentative map previously filed may not be amended to be a vesting tentative map. Instead, a new vesting tentative map shall be required.

G. Except as otherwise provided in subsection (F) of this section, if a subdivider seeks to modify a vesting tentative map, such modification may be granted as provided in Chapter 17.26 of this title. If the advisory agency approves the requested modification or any portion thereof, the advisory agency may impose additional conditions on such maps. Any such modifications shall not extend the life of the vesting tentative, parcel or final map or any rights created thereby. Such modifications may include, but are not limited to, requests by a subdivider to secure a vested right to proceed with development in accord with specified ordinances, policies or standards which have been amended and thus, without the requested modification, would not be available to the subdivider.

H. Until December 31,1987, this section and all other provisions of this title relating to vesting tentative maps shall apply only to residential developments. Thereafter, it shall apply to all subdivisions.

(Ord. 854 § 2 (part), 1987: prior code § 11634)

A. A subdivider who has extended the rights conferred by a vesting tentative map for the period identified in subsection (D) of Section 17.16.010 by securing the approval of and recording a parcel or final map prior to the expiration of the vesting tentative map may apply to further extend those rights for an additional twelve months, providing an application for such an extension is filed prior to the expiration of that period of time identified in subsection (D) of Section 17.16.010.

B. If the extension is denied, the subdivider may appeal that denial to the board in the manner prescribed by Section 17.54.030.

C. A decision to grant or deny an application or extension shall be within the sole discretion of the advisory agency, or on appeal the board.

(Ord. 854 § 2 (part), 1987: prior code § 11634.1)

A failure to proceed with the development prior to the expiration of that period of time specified in subsection (D) of Section 17.16.010, as extended by Section 17.16.020, shall result in a loss of the rights conferred by the parcel or final map approval; provided, however, that if the subdivider submits a completed application for a building permit during the periods of time specified in subsection (D) of Section 17.16.010 as extended by Section 17.16.020, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 854 § 2 (part), 1987: prior code § 11634.2)