Rocklin Municipal Code Ch. 16.18 Vesting Tentative Map

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Sect. 66498.1) of Division 2, Title 7 of the California Government Code (the "Vesting Tentative Map Statute").

(Ord. 603 § 3 (part), 1989).

A. The purpose of this chapter is to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this title. Except as otherwise specifically set forth in this chapter, the provisions of this title shall apply to vesting tentative maps.

B. 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. 603 § 3 (part), 1989).

Any land subdivided and developed pursuant to a vesting tentative map shall be consistent with the Rocklin General Plan, any applicable specific plan and Title 17 (zoning code) and any other applicable provisions of this code.

(Ord. 603 § 3 (part), 1989).

If a subdivider files an application for a vesting tentative map, seeking the rights conferred by the Vesting Tentative Map Statute, concurrent applications for all other discretionary entitlements including rezoning, specific plan use permit and design review must be filed.

(Ord. 603 § 3 (part), 1989).

A. This chapter shall apply to residential, commercial and industrial developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

B. Making application for a vested tentative map shall be in the sole discretion of the subdivider.

(Ord. 603 § 3 (part), 1989).

A vesting tentative map shall contain, or be accompanied by, the following information, in addition to all other filing requirements applicable to tentative maps contained in this title:

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

B. A vesting tentative map shall be accompanied by the following information in a form satisfactory to the community development director and city engineer:

1. Pertinent submittal materials to make concurrent application(s) for any other required discretionary entitlements in accordance with Section 16.18.050,

2. Detailed drawings, including a site plan, building elevations and landscape plan for the development of the land proposed for subdivision. This requirement may be waived by the community development director for single- family residential subdivisions that do not have planned development zoning classifications,

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

4. Information on the uses to which the buildings will be put,

5. Detailed Grading Plans. When the grading plan is revised after the vesting tentative map and preliminary grading plan have been considered and approved at a public hearing, the revised plan shall be filed with the director and shall be subject to the same hearing process and findings requirements as the original application, except that the subsequent hearings and decision shall be limited to the revised grading plan and the effects of the revisions on the design and improvement requirements of the tentative map,

6. Geological studies,

7. Flood control information,

8. Any other studies requested by the community development director and city engineer.

(Ord. 633 § 2, 1990; Ord. 603 § 3 (part), 1989).

A. All vesting tentative maps shall be processed in accordance with Chapter 16.16; provided, that notwithstanding Section 16.16.170 A, all vesting tentative maps shall be heard and considered by the council.

B. A vesting tentative map shall not be approved if all other discretionary permits and/or approvals have not been approved either prior to or concurrently with the map.

C. Notwithstanding Section 16.20.060, the time for filing a parcel or final map for a vesting tentative map shall not be extended. Failure to file a parcel or final map within the time period established by Section 16.20.050 shall terminate all proceedings and no final map or parcel map for all or any part of the property included within the vesting tentative map shall be filed without first processing a new map pursuant to this chapter.

D. A vesting tentative map shall not be approved or conditionally approved unless, in addition to all other required findings, the council finds on the basis of the studies and reports submitted by the subdivider that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision will be available for the entire time that the vesting tentative map is valid plus any time during which the rights conferred by Section 16.18.080 exist.

(Ord. 603 § 3 (part), 1989).

A. Approval or conditional approval of a vesting tentative map shall confer a right to proceed with the development in substantial compliance with the city's ordinances, policies and standards used to determine whether to approve or disapprove an application for a tentative map in effect at the time the application for the vesting tentative map is deemed complete. A determination of whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, may be appealed pursuant to Chapter 17.86.

B. Notwithstanding subsection A of this section, a subsequent permit or entitlement for development, unless it is an approved vesting tentative map, may be conditioned or denied if it is determined that:

1. A failure to do so would place the users of the subdivision or those persons in the immediate vicinity in a condition dangerous to their health or safety;

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

(Ord. 603 § 3 (part), 1989).

A. The rights conferred by a vesting tentative map shall expire if:

1. A final map or parcel map is not approved prior to the expiration of the vesting tentative map;

2. The applicant has requested and the city has approved a change in the type, density, bulk or design of the development, unless an amendment to the vesting tentative map has been approved.

B. Upon the filing of a final map or parcel map for a vesting tentative map the rights conferred by Section 16.18.080 shall continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map this period shall begin for each phase when the final map or parcel map for that phase is recorded.

C. The time period set forth in subsection B of this section shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds thirty days from the date a complete application is accepted.

D. A subdivider may apply to the council for a one-year extension of the rights conferred by subsection B of this section any time before the initial one-year time period expires. An extension may be granted if the council finds that the map still complies with the requirements of this title. The council may approve, conditionally approve or deny an extension in its sole discretion.

E. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections B through D of this section, the rights shall continue until the expiration of the building permit and any extensions of the building permit.

F. Upon the expiration of the time limits specified in subsections B, C, D and E, all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter.

(Ord. 603 § 3 (part), 1989).