Ridgecrest Municipal Code § 105-213 Development rights

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State Law reference— Vesting tentative maps, Government Code § 66498.1 et seq.

(a) Citation and authority. This article is enacted pursuant to the authority granted by Government Code title 7, div. 2, ch. 4.5 (Government Code § 66498.1 et seq.) (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance.

(b) Purpose and intent. It is the purpose and intent of this article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute (Government Code § 66498.1 et seq.), and to supplement the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and the subdivision ordinance (this chapter). Except as otherwise set forth in the provisions of this article, the provisions of the subdivision ordinance (this chapter) shall apply to the vesting tentative map ordinance. To accomplish this purpose, the regulations outlined in this article 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.

(c) Consistency. 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 not permitted by the zoning ordinance (chapter 106) or other applicable provisions of the municipal code.

(d) Definitions. The following words, terms and phrases, when used in this subsection (d), shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) The term "vesting tentative map" means a tentative map for a residential subdivision, as defined in the city subdivision ordinance (this chapter) that shall have printed conspicuously on its face the words vesting tentative map at the time it is filed in accordance with section 105-212 and is thereafter processed in accordance with the provisions hereof.

(2) 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.

(e) Application.

(1) This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act (Government Code § 66410 et seq.), as implemented and supplemented by the city subdivision ordinance (this chapter), requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

(2) 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.

(Code 1980, § 19-8.1; Ord. No. 87-01, § 60)

(a) Filing and processing. A vesting tentative map shall be filed in the same form and have the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in the city subdivision ordinance (this chapter) for a tentative map except as hereinafter provided:

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

(2) At the time a vesting tentative map is filed a subdivider shall also supply the following information:

a. Height, size, and location of buildings.

b. Sewer, water, storm drain and road details.

c. Information on the uses to which the buildings will be put.

d. Detailed grading plans.

e. Geological studies.

f. Flood control information.

g. Architectural plans.

h. Any other studies deemed necessary by the director of community development.

(b) Fees. Upon application for a vesting tentative map the subdivider shall submit the appropriate fee as set by council resolution.

(c) Expiration. 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 the subdivision ordinance (this chapter) for the expiration of the approval or conditional approval of a tentative map.

(Code 1980, § 19-8.2; Ord. No. 87-01, § 61)

(a) Vesting on approval of vesting tentative map.

(1) 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 § 66474.2. However, if § 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.

(2) Notwithstanding subsection (a)(1) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is determined:

a. 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.

b. The condition or denial is required, in order to comply with state or federal law.

(3) 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 subsection (c) of this section. If the final map is approved, these rights shall last for the following periods of time:

a. An initial time period of one year. Where several final maps are recorded on 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.

b. The initial time period set forth in subsection (a)(3)a of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

c. 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 (a)(3)a of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.

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

(b) Development inconsistent with zoning; conditional approval.

(1) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection (a)(1) of this section, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

(2) The rights conferred by this section shall be for the time periods set forth in subsection (a)(3) of this section.

(c) Applications inconsistent with current policies. Notwithstanding any provision of this chapter, a property owner or his designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsections (a)(1) and (b) of this section, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Code 1980, § 19-8.3; Ord. No. 87-01, § 62)

In addition to the improvement standards for tentative maps, the subdivider of a vesting map shall establish a Mello-Roos Community Facilities District concurrent with the recordation of the final map.

(Code 1980, § 19-8.4; Ord. No. 87-01, § 63)