16.35 — VESTING TENTATIVE MAPS

The ordinance codified in 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 (hereinafter referred to as the Vesting Tentative Map Statute). (Ord. 10-86)

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 and Title 16 of this code. Except as otherwise set forth in the provisions of this chapter, the applicable provisions of Title 16 of this code shall apply to vesting tentative maps.

To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the pubic health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. 10-86)

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 Title 17 or other applicable provisions of the Orange Municipal Code. (Ord. 10-86)

"Vesting tentative map" means a tentative map for a residential or nonresidential subdivision, as defined in other provisions of Title 16 of this code, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.35.060, and is thereafter processed in accordance with the provisions hereof.

All other definitions set forth in the Title 16 of this code are applicable.

(Ord. 10-86; Ord. 13-01)

• A. This chapter shall apply to residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by other provisions of Title 16 of this code, requires the filing of a tentative map or tentative parcel map for a residential or nonresidential development, 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. 10-86; Ord. 13-01)

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City of Orange, CA § 16.35.060

ORANGE CODE

§ 16.35.080

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as set forth in other provisions of Title 16 for a tentative map, except as hereinafter provided:

• A. Subdivider shall obtain all necessary zone changes prior to or concurrent with filing a vesting tentative map.

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

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

  1. Plans and drawings;

  2. Sewer, water, storm drain, and road details;

  3. Geological studies;

  4. Flood control information;

  5. School impact analysis;

  6. Traffic impact analysis;

  7. Detailed grading plans;

  8. Solar access, passive or natural heating or cooling opportunities analysis;

  9. Signing program (advertising, locational, and safety signing systems);

  10. Any other material considered essential to the proper evaluation of the project (i.e., open space maintenance responsibilities, provisions made for trails and/or parks and their maintenance responsibilities).

NOTE: All developments require compliance with the California Environmental Quality Act. Some of the above information may be included in reports prepared for that purpose. If so, the information requested above the need only be referenced to the E.I.R.

(Ord. 10-86; Ord. 10-99; Ord. 18-25, 11/12/2025)

• A. Within 30 days, the applicant will be notified that the application is accepted as complete or not complete. If the application is not accepted as complete, the applicant shall be notified of the measures required to make the application complete.

• B. All vesting tentative maps shall be processed in the same manner as set forth in Section 16.12.010 of this code for a tentative tract map.

• (Ord. 10-86)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the current fee

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City of Orange, CA

SUBDIVISIONS

§ 16.35.080

§ 16.35.110

schedule for the filing and processing of a tentative map. (Ord. 10-86)

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 other provisions of this code for the expiration of the approval or conditional approval of a tentative map. (Ord. 10-86)

• 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 as 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 area 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.

All extensions of time are discretionary and may be approved, conditionally approved or denied.

• 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 16.35.090. If the final map is approved, these rights shall last for the following periods of time:

  1. An initial time period of 12 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 time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 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.

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

(Ord. 10-86)

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City of Orange, CA § 16.35.110

ORANGE CODE

§ 16.35.110

Notwithstanding any other provision of this chapter, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Section 16.35.100 and these approvals may be granted or these permits issued to the extent that such departures are authorized by provisions of Title 16 of this code or by current policies.

(Ord. 10-86)

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City of Orange, CA

SUBDIVISIONS

§ 16.40.010

§ 16.40.060

CHAPTER 16.40 GRADING REQUIREMENTS