Reedley Municipal Code Ch. 11.06 Vesting Tentative Maps

A. Whenever a tentative subdivision map or tentative parcel map is required to be filed, the subdivider may instead file a vesting tentative map. In such case, the words "vesting tentative map" shall be printed conspicuously on the face of the map at the time of its filing. Except as expressly provided otherwise in this Chapter, the filing and processing of a vesting tentative map, including extension of the term thereof, shall be subject to all requirements established in Chapters 11.02 and 11.04 of this Title, as applicable.

B. A vesting tentative map shall be filed and processed in the same manner, form, and content and shall be subject to the same filing fees and time limits prescribed for a tentative map or tentative parcel map filed under provisions of Chapters 11.02 and 11.04 of this Title, except as follows:

1. A vesting tentative map shall have the words "vesting tentative map" printed conspicuously on its face.

2. In addition to the information otherwise required for a tentative map or tentative parcel map, as applicable, a vesting tentative map shall include the following information to the extent related to the City ordinances, resolutions or policies specified in Section 11.06.020 (Rights of Map), of this Chapter, to the extent the Community Development Director deems necessary to enable the City to determine if a negative declaration is appropriate for the development under the California Environmental Quality Act or if a mitigated negative declaration or environmental impact report shall be required.

3. Written statements accompanying the map which indicate and describe how the proposed subdivision has been designed to mitigate any potential adverse significant effects on the environment, as such effects are defined by the California Environmental Quality Act, as amended.

4. A vesting tentative map shall include a notation of the existing General Plan planned land use and zone district designation(s) of all properties to be subdivided.

5. A vesting tentative map shall include, if applicable, a notation of the proposed General Plan planned land use and zone district designation(s) of all properties to be subdivided.

C. At the time a vesting tentative map is filed, the subdivider shall, if required by the Community Development Director, also supply the following information in a separate document or map sheet:

• 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 and geological studies.
• 5. Flood control information.
• 6. Architectural plans.

7. Other studies and information normally required by the City at the Building Permit application stage.

8. Other information specified by the department as necessary to comply with other applicable federal, state, or local requirements. (Ord. 2024-002, 9-20-2024)

A. Approval or conditional approval of a vesting tentative map grants the right to proceed forward in the map application and review process, given the proposed project complies with all applicable City ordinances, policies, and standards in effect when the map application is deemed complete. If the city initiates proceedings to change these ordinances, the updated rules may apply when approving, conditionally approving, or disapproving the map, provided proper notice is given.

B. Notwithstanding the provisions of Subsection A of this Section, the City may condition or deny a permit, approval, extension, or entitlement if it makes any of the following determinations:

1. A failure to do so would place residents of the subdivision or parceled land or residents in the immediate community in a condition dangerous to their health or safety, or both.

2. The condition or denial is required to comply with state or Federal law.

C. The rights described in this Section shall expire if a final map or a final parcel map is not approved by the City prior to the expiration of the vesting tentative map. If the final map or a final parcel map is approved, these rights shall last for an initial period of twelve (12) months from the date of recording of the final map or final parcel map. Where several final maps or final parcel maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map or final parcel map for that phase is recorded.

D. Automatic Extensions. The initial time period set forth under Subsection C of this Section shall be automatically extended by any time required by the City for the processing of a complete application for a final parcel map, Grading Permit or for Site Plan Review for all or part of the development within the proposed subdivision or area covered by the final parcel map, if such processing exceeds thirty (30) working days (excluding City recognized holidays) from the date that a such complete Grading Permit or Site Plan Review application is filed.

E. Additional One-Year Extensions. At any time prior to the expiration of the initial period described in Subsection C of this Section, a subdivider may:

1. Apply for a one (1)-year extension of such period. An application for an extension shall be submitted, in writing, to the Community Development Department and shall state specifically those circumstances which are or were beyond the ability of the applicant to control and which justify the request. The applicant shall have the burden of proving justification for the extension of the initial period. The Planning Commission may approve an application for an extension, may conditionally approve the application as permitted by law, or may deny the application.

2. If the application for extension is denied or conditionally approved, the applicant may appeal the denial or conditional approval to the City Council by filing a written appeal with the City Clerk within ten (10) working days (excluding City recognized holidays) after the date of the Planning Commission action. The appeal shall be accompanied by a filing fee as established by the Master Fee Schedule. The City of Reedley shall be made exempt from the filing fee requirement. The appeal shall state, in writing, specifically why the applicant claims there was an error or abuse of discretion by the Planning Commission or why the Planning Commission's decision is not supported by the preponderance of the evidence in the record.

3. The City Council shall hear the appeal within forty-five (45) working days (excluding City recognized holidays) after the filing of the appeal. The applicant and any interested person shall be given an opportunity to be heard and present evidence. Upon close of the hearing, the City Council may affirm, modify, or reverse the decision of the Planning Commission. If the City Council reverses denial of the extension or modifies conditional approval of the extension, the City Council shall make findings in support of its decision.

F. If the applicant submits a complete application for a Building Permit during the periods of time specified under Subsections C through E of this Section, the rights described in Subsections A and B of this Section shall continue until the expiration of the permit or any extension of the permit by the City. (Ord. 2024-002, 9-20-2024)

Except as provided in Section 11.04.040 and 11.06.040 of this Title, if the ordinances, policies, or standards of the City are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, at any time prior to expiration of the vesting tentative map, may apply for an amendment to the vesting tentative map to secure vested rights to proceed with the changed ordinances, policies, or standards. The application shall be filed, in writing, with the Community Development Department and shall clearly specify the changed ordinances, policies, standards for which the amendment is sought. The application shall be reviewed and processed in the same manner as a vesting tentative map application (see Section 11.06.040 (Minor Modifications), below). (Ord. 2024-002, 9-20-2024)

Minor modifications to the standards established in this Chapter may be granted in compliance with Section 11.04.100 (Minor Modifications), granted the Community Development Director makes all necessary findings. (Ord. 2024-002, 9-20-2024)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code in existence at that time, such inconsistency shall be noted on the map. The Planning Commission or City Council may deny such vesting tentative map or approve it conditioned on the subdivider, or the subdivider's designee, obtaining the necessary change in the Zoning Code to eliminate the inconsistency. If the change in the Zoning Code is obtained, approval or conditional approval of the vesting tentative map shall confer a vested right to proceed with development, as described in Section11.06.020 (Rights of Map), of this Chapter, in substantial compliance with the change in the Zoning Code and the map as approved. (Ord. 2024-002, 9-20-2024)

If other discretionary land use approvals are required in connection with development under the vesting tentative map (i.e., Conditional Use Permit), the subdivider shall obtain such approvals prior to, or process them concurrently with, the filing of the vesting tentative map. For purposes of this Section, "discretionary land use approvals" shall include, but not be limited to applications such as, General Plan Amendments, Rezone, Conditional Use Permits, and Variances. (Ord. 2024-002, 9-20-2024)