Article 16.24 — VESTING TENTATIVE MAPS

This article is enacted pursuant to the authority granted by Chapter 4.5 of Division 2 of Title 7 of the Government Code of the State of California, and may be cited as the "vesting tentative map ordinance." The provisions of this article shall be applicable only to residential subdivisions. (Prior code § 19.500)

• A. The following definitions shall be applicable to this subchapter:

Residential subdivisions. Residential subdivisions are defined as those subdivisions of property zoned solely for residential development and subdivisions of property which allows residential development where the applicant clearly states his or her intent to do a residential development at the time of application. The applicant must also clearly state on the tentative map that it is a residential development. Deed restrictions must be recorded which sets forth this limitation for future buyers.

Vesting tentative map. A "vesting tentative map" shall mean a tentative map for a major or minor residential subdivision as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with the provisions of this article.

• B. All other definitions set forth in this chapter shall be applicable to vesting tentative maps. (Prior code § 19.505)

• A. 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 is not permitted by the zoning ordinance or other applicable provisions of the Placer County Code.

• B. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the general plan or zoning ordinance in effect at that time, separate applications to obtain the changes in the general plan or zoning necessary to eliminate the inconsistency shall also be filed, and may be processed prior to, or concurrently with, the processing of the vesting tentative map.

• C. The advisory agency may approve the vesting tentative map conditioned upon the subdivider obtaining the necessary change in the general plan or zoning ordinance to eliminate the inconsistency. In the absence of such change, no final map shall be approved or recorded based on the vesting tentative map.

• (Prior code § 19.510)

• A. This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this article, requires the filing

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Placer County, CA

SUBDIVISIONS

§ 16.24.040

§ 16.24.080

of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead by filed, in accordance with the provisions hereof.

• B. If a subdivider does not seek the rights conferred by this article, 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.

• (Prior code § 19.515)

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 this chapter for a tentative map except that at the time a vesting tentative map is filed it shall have conspicuously printed on its face the words "Vesting Tentative Map". (Prior code § 19.520)

• A. Upon filing a vesting tentative map the subdivider shall pay all fees required by this code for the filing and processing of a tentative map.

• B. Fees or charges which by state law or this code are deferred or required to be paid at a time other than the date upon which an application is filed, shall be subject to cost of living increases as set out in this code, and the amount of fee or charge to be paid shall be that amount required by this code on the date that actual payment of the fee or charge is made.

• (Prior code § 19.530)

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. (Prior code § 19.540)

• A. 1. Subject to the provisions of this article 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.

  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. Determination of when an application for a vesting tentative map is complete shall be made pursuant to procedures set forth in Government Code Section65943, subject to the following:

  1. Notwithstanding any other provisions of this code, application for vesting tentative

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Placer County, CA § 16.24.080

PLACER COUNTY CODE

§ 16.24.080

maps shall not be deemed complete until all environmental documents which may be required pursuant to provisions of the California Environmental Quality Act or Chapter 31 of this code have been completed.

• C. 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.

• D. 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 16.24.070. If the final map is approved, these rights shall last for the following periods of time:

  1. An initial time period of one year;

  2. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (D)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the appropriate appellate body as set forth in Section 16.04.090 or 16.20.090 of this chapter.

  3. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (D)(1) or (D)(2) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Prior code § 19.550)

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Placer County, CA