Redlands Municipal Code Ch. 17.13 Vesting Tentative Maps

This chapter is enacted pursuant to the authority granted by title 4.5 (commencing with section 66498.1) of the subdivision map act (hereinafter referred to as the "vesting tentative map statute") and may be cited as the REDLANDS VESTING TENTATIVE MAP ORDINANCE. The purpose of this chapter is to establish appropriate local procedures for the implementation of the vesting tentative map statute. To accomplish this purpose, the regulations contained in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. 2481 § 1, 2002)

No land shall be submitted and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or any applicable specific plan of the city or which is not permitted by title 18 or other applicable provisions of this code. (Ord. 2481 § 1, 2002)

A. "Vesting tentative map" means a "tentative map" for a subdivision, as defined in section 17.03.010 of this title, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 17.07.060 of this title, and is thereafter processed in accordance with the provisions hereof. For purposes of this chapter, "vesting tentative map" includes a vesting tentative map prepared in connection with a parcel map.

B. All other definitions set forth in this title are applicable to a "vesting tentative map". (Ord. 2744, 2014)

A. This chapter shall apply to residential and nonresidential development. Whenever a provision of the subdivision map act, as implemented and supplemented by this title, requires the filing of a tentative map for a development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.

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. 2744, 2014)

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 title for a tentative map except as hereinafter provided:

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

B. At the time a vesting tentative map is filed, the subdivider shall also provide the community development department with the following information:

1. Architectural landscaping plans;

2. Detailed information regarding the height, size and location of buildings;

3. City approved plans for all required site and off site improvements, including, but not limited to, streets, storm drains, water, sewer and lighting;

• 4. Information on the uses to which the buildings will be put;
• 5. Detailed grading plans;
• 6. Geological studies, including soil reports for street design and building purposes;

7. Complete hydrological study, when required by city staff and all other necessary flood control information. (Ord. 2481 § 1, 2002)

A. Upon filing a vesting tentative maps, the subdivider shall pay all fees and/or deposits in accordance with section 17.01.060 of this title.

B. The planning commission or city council, as the case may be, may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance. (Ord. 2481 § 1, 2002)

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 sections 17.07.110 and 17.11.060 of this title for the expiration of the approval or conditional approval of a tentative map. (Ord. 2481 § 1, 2002)

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, polices and standards described in section 66474.2 of the subdivision map act. However, if section 66474.2 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 conditioned 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.

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 17.13.050 of this chapter. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year beyond the recording of the final map or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one year initial time period shall begin for each phase when the final map for that phase is recorded. All of such final maps or parcel maps must be recorded within the time period set forth in section 17.13.070 of this chapter or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.

2. The one year initial time period set forth in subsection C1 of this section shall be automatically extended by any time used for processing a complete application for a grading permit if one is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

3. A subdivider may apply to the planning commission for a one year extension at any time before the initial time period set forth in subsection C1 of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days in accordance with subsection 17.07.120D of this title.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections C1 through C3 of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

D. Consistent with subsection A of this section, an approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development. (Ord. 2481 § 1, 2002)

Amendments to the approved or conditionally approved vesting tentative map shall be made in accordance with section 17.13.090 of this chapter or section 17.11.070 of this title, as the case may be. (Ord. 2481 § 1, 2002)

Notwithstanding any provisions of this title to the contrary, a property owner or his or her designee may seek approvals or permits for the development which depart from the ordinances, policies and standards described in subsection 17.13.080A of this chapter, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under this chapter, this code, the general plan and other applicable law. (Ord. 2481 § 1, 2002)