Needles Municipal Code Art. 19 VI Vesting Tentative Maps

19-33 Citation And Statutory Authority 19-34 Purpose 19-35 Consistency With General Plan Required 19-36 Definitions 19-37 Applicability 19-38 Filing And Processing 19-39 Fees 19-40 Approval Expiration 19-41 Vesting On Approval Of Vesting Tentative Map 19-42 Development Inconsistent With Zoning--Conditional Approval 19-43 Applications Inconsistent With Current Policies 19-44 (Reserved)

19-33 Citation And Statutory Authority

The ordinance set out in this article 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. No. 254-AC, § 1-1.)

19-34 Purpose

1. It is the purpose of this article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the subdivision ordinance. Except as otherwise set forth in the provisions of this article, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.
2. To accomplish this purpose, the regulations outlined in this article are determined to be necessary for the preservation of this public health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. No. 254-AC, § 1-2.)

19-35 Consistency With General Plan Required

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, or their applicable provisions of the municipal code. (Ord. No. 254-AC, § 1-3.)

19-36 Definitions

1. “Vesting tentative map” means a tentative map for a residential subdivision, as defined in the Needles subdivision ordinance, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Section 19-38, and is thereafter processed in accordance with the provisions hereof.
   2. All other definitions set forth in the Needles subdivision ordinance are applicable. (Ord. No. 254-AC, § 1-4.)

19-37 Applicability

1. This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Needles subdivision ordinance, 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 hereof.
2. 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 prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. No. 254-AC, § 1-5.)

19-38 Filing And Processing

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, an shall be processed in the same manner as set forth in the city subdivision ordinance for a tentative map, except as hereinafter provided.

1. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
2. At the time a vesting tentative map is filed a subdivider shall also supply the following information:

For example: 1. Height, size and location of buildings; 2. Sewer, water, storm drain and road details; 3. Information on the uses to which the buildings will be put; 4. Detailed grading plans; 5. Geological studies; 6. Flood-control information; 7. Architectural plans; 8. Any other studies your city has normally deferred to the building permit stage.

(Ord. No. 254-AC, § 2-1.)

19-39 Fees

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the city for the filing and processing of a vesting tentative map. (Ord. No. 254-AC, § 2-2.)

19-40 Approval Expiration

The expiration of the approval or conditional approval of a vesting tentative map shall be the same as a tentative map, twenty-four months. (Ord. No. 254-AC, § 2-3.)

19-41 Vesting On Approval Of Vesting Tentative Map

1. 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 66747.2.

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. 2. Notwithstanding subdivision (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 the state or federal law. 3. The rights referred to herein shall expire if a map is not approved prior to the expiration of the vesting tentative map is not approved prior to the expiration of the vesting tentative map as provided in Section 19-40. If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of twenty-four months. 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. 2. The initial time period set forth in subsection (c)(1) shall be automatically extended by any tie 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) expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (c)(1) -- (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. No. 254-AC, § 19-41.)

19-42 Development Inconsistent With Zoning--Conditional Approval

1. 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 approved or conditionally approved vesting tentative map shall, notwithstanding subsection (a) of Section 19-41, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
   2. The rights conferred by this section shall be for the time periods set forth in subsection (c) of Section 19-
      41. (Ord. No. 254-AC, § 3-2.)

19-43 Applications Inconsistent With Current Policies

Notwithstanding any provision of this article, 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 19- 41(a) and 19-42, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. No. 254-AC, § 3-3.)

19-44 (Reserved)