Rialto Municipal Code Ch. 17.18 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"), and may be cited as the "vesting tentative map ordinance."

(Ord. 978 (part), 1986)

A. 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 the subdivision ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.

B. To accomplish this purpose, the regulations outlined 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. 978 (part), 1986)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Rialto General Plan and any applicable specific plan, or not permitted by the zoning ordinance or other applicable provisions of the Rialto Municipal Code.

(Ord. 978 (part), 1986)

A. "Vesting tentative map" means a "tentative map" for a residential subdivision, as defined in the Rialto subdivision ordinance, that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Section 17.18.060 of this chapter, and is thereafter processed in accordance with the provisions hereof.

B. All other definitions set forth in the Rialto subdivision ordinance are applicable.

(Ord. 978 (part), 1986)

A. This chapter shall apply only to residential developments. Whenever a provision in the Subdivision Map Act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or tentative parcel map for residential 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. 978 (part), 1986)

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 Chapter 17.16 of this code 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 with the community development department for processing, the subdivider shall have supplied all information and paid the applicable filing fees as set forth by resolution of the city council in order to have completed the following procedural steps:

1. Compliance with all environmental processing requirements of CEQA for the proposed residential subdivision development and related projects;

2. The appropriate residential zoning designation shall be effective on the land proposed to be subdivided with a vesting tentative map;

3. A precise plan of design (PPD) for the proposed residential development shall be approved by the city's community development director or planning commission, as applicable, in accordance with the procedures set forth in Chapter 18.65;

4. Engineered improvement plans for streets, water, sewer and storm drains shall be submitted to and approved by the city engineer;

5. A precise grading plan in conformance with the PPD-approved site plan for the proposed residential development shall be submitted to and approved by the city engineer;

6. A preliminary soils report, and geological study if required, shall be submitted to the city engineer;

7. An engineered hydrology and hydrolics report shall be submitted to and approved by the city engineer;

8. All above requirements shall be met prior to the filing of a vesting tentative map.

(Ord. 1234 (part), 1995: Ord. 978 (part), 1986)

(Ord. No. 1645, § 3, 7-14-20)

Upon filing a vesting tentative map, the applicant shall pay the fees required by resolution of the city council for the filing and processing of a tentative subdivision map.

(Ord. 978 (part), 1986)

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 extension of time, established by Section 17.16.050 of this code for the expiration of the approval or conditional approval of a tentative map.

(Ord. 978 (part), 1986)

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 in effect at the time the vesting tentative map is approved or conditionally approved.

B. Notwithstanding the provisions of 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.

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 17.18.080. If the final map is approved, these rights shall remain in effect for the following periods of time:

1. An initial time period of twelve months from the date of recording of the final map in accordance with the following provisions:

a. After the approval of the final map by the city council, the city clerk shall transmit the map to the clerk of the board of supervisors for ultimate transmittal to the county recorder,

b. When all certificates and security required under provisions of the State Subdivision Map Act have been filed and deposited with the clerk of the board of supervisors and approved by the county, the clerk of the board of supervisors shall certify that the certificates have been filed and deposits have been made and shall transmit the final map to the county recorder for recording;

2. Where more than one final map is recorded for 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;

3. A subdivider may apply for one twelve-month extension of the vested right granted under Section 17.18.090(C)(1), in accordance with the following provisions:

a. The request shall be made by written application submitted to the planning division together with an application filing fee in the amount established by resolution of the city council for extensions of time for land divisions,

b. The application for extension of the vested right together with the filing fee shall be filed with the planning department at least thirty days prior to the expiration date of the vested right. The application shall state the reasons for requesting the extension. If the extension is denied by the planning commission, the applicant may appeal that denial to the city council, provided the appeal is filed with the city clerk within fifteen days from the determination of the planning commission.

D. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection C of Section 17.18.090, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 1234 (part), 1995: Ord. 978 (part), 1986)

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Section 17.18.090. The city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable state and city laws and ordinances.

(Ord. 978 (part), 1986)