Chapter 16.24 — VESTING TENTATIVE MAPS

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 66498.1 et seq). This chapter implements and supplements that statute and the Orinda Subdivision Ordinance. This chapter may be cited as the "Orinda Vesting Tentative Map Ordinance." (CCCC§ 94-3.002)

In this chapter: A. "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." B. The definitions set forth in the Subdivision Ordinance apply. (CCCC§ 94-3.004)

This chapter applies only to residential developments. Beginning January 7, 1988, this chapter will also apply to nonresidential developments. (CCCC§ 94-3.006)

A. Option to File Vesting Tentative Map. When a tentative map is required, a vesting tentative map may be filed instead. B. Filing. A vesting tentative map shall have printed conspicuously on its face the words "Vesting Tentative Map" before the city 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; and 2. All information required to be submitted with a Preliminary Development Plan as itemized in Section 84- 66.1006 of the county code. (CCCC§ 94-3.008)

A. Development Rights Created. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's ordinances, policies and standards in effect at the date the city determines the application is complete. B. Duration of Development Rights. The right to proceed with development as set forth in subsection A of this section 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 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 of this section, 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 Section 16.20.080 and Government Code Section 66452.6(a), (d) and (e).

If the subdivider submits a complete application for a building permit during the one-year period specified in subsection B of this section, 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 city does not process an application for a grading permit or for design or architectural review within thirty (30) days of the date the application is complete, the one-year period specified in subsection B of this section, is automatically extended by the time exceeding the thirty (30) day period used by the city to complete processing. 2. Before the expiration of the one-year period specified in subsection B of this section, 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 City Council by filing a written notice of appeal within fifteen (15) days of the Commission's decision. (CCCC§ 94-3.010)

This chapter relates only to the imposition of conditions and requirements imposed by the city and does not affect the obligation of a subdivider to comply with the conditions and requirements of state or federal laws, regulations or policies. (CCCC§ 94-3.012)

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. (CCCC§ 94-3.014)

This chapter does not: (1) enlarge or diminish the types of conditions which the city may impose on the development; or (2) diminish or alter the city's power to protect against a condition dangerous to the public health or safety. The city may condition or deny a permit, approval, extension or entitlement relating to a vesting tentative map if it determines that either: A. 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 B. The condition or denial is required to comply with state or federal law. (CCCC§ 94-3.016)

The amount of a fee imposed (processing, park dedication, etc.) as fixed by resolution is determined at the time the fee is paid. (CCCC§ 94-3.018)

The City Council may adopt rules and regulations it considers necessary to implement and ensure compliance with this chapter. (CCCC§ 94-3.020)