Salinas Municipal Code § 31-510 State and federal requirements

This Article 5 is enacted to implement Chapter 4.5 of the Subdivision Map Act (Section 66498.1 et seq.)

Whenever a provision of this chapter requires the filing of a tentative map, a vesting tentative map may be filed instead. However, the filing of a vesting tentative map shall not be a prerequisite to any approval of a proposed subdivision, construction permit, or work preparatory to construction.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An application for a vesting tentative map shall be filed in the same form and have the same contents, accompanying data, reports, and fees, and shall be processed in the same manner as a tentative map except for the following:

(a) A vesting tentative map shall have the words "vesting tentative map" printed conspicuously on its face.

(b) Additional supporting materials. At the time a vesting tentative map is filed, the subdivider shall supply the following information in addition to that required of other tentative maps per Article 4:

(1) Site plans and elevations showing the size and location of all proposed buildings, driveways, parking, landscaping, open space, and walls, and other pertinent information in sufficient detail to determine the height and square footage of each structure and its conformance with existing plans, ordinances, policies, and standards or changes in plans, ordinances, policies, and standards which have been requested by the subdivider;

(2) Information on the uses to which each structure will be put;

(3) Plans, specifications and reports for all public facilities including, but not limited to, fire access, on- and off-site sewer, water, drainage, roads and other public improvements, as required by the city engineer;

(4) Detailed grading plans showing all existing and proposed contours and elevations, as required by the city engineer; and

(5) Any additional plans, reports or studies required by the city which are, in the opinion of the city planner or city engineer, necessary to determine the compliance of any design, development, or improvement of the subdivision with plans, ordinances, policies, and standards of the city; to comply with CEQA; or to comply with any federal or state requirement.

(c) An application for all discretionary approvals required by the project, including but not limited to site plan review, conditional use permit, planned unit development, or any other required discretionary permit.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Approved and conditionally approved vesting tentative maps shall expire twenty-four months after its approval and may be extended pursuant to Section 31.312, Expiration of tentative map approval; Section 31.313, discretionary extensions of tentative map approval; and Section 31-314, statutory extensions of tentative map approval.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(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 city's ordinances, policies, and standards described in Subdivision Map Act Section 66474.2. 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 deemed complete per Subdivision Map Act Section 66474.2.

(b) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one year from the date of recordation of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one year initial time period shall begin for each phase when the final map for that phase is recorded.

(2) At any time before the initial time period expires, the subdivider may apply to the city council for a one year extension.

(3) The initial time period 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 thirty days from the date a complete application is filed.

(4) If the subdivider submits a complete application for a building permit prior to expiration of the initial time period or an extension, the rights conferred by this chapter shall continue until the expiration of the building permit, or any extension of the building permit.

(c) Notwithstanding subsection (a) of this section, the city may deny or condition a permit, approval, extension, or entitlement if it determines any of the following:

(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.

(d) An approved or conditionally approved vesting tentative map does not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the plans, ordinances, policies, and standards described in Subdivision Map Act Section 66474.2. This article does not enlarge, diminish, or alter the types of conditions which may be imposed by the city on a development, nor in any way diminish or alter the power of the city to protect against a condition dangerous to the public health or safety.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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, that inconsistency shall be noted on the map. The developer shall apply for a zoning code amendment concurrently with the application for a vesting tentative map. The city may deny such a vesting tentative map or may approve it concurrently with the required zoning code amendment. If the change in the zoning code is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning code, as approved, within the time periods specified in Section 31-503, expiration and extensions of vesting tentative map approval.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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 in effect on the date the vesting tentative map is deemed complete, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

This article shall not be construed to prevent changes in Uniform Fire, Building, Plumbing, Mechanical, and Electrical Codes if those code changes do not prevent use of the property for purposes permitted at the time rights vested under this article, subject to the qualifications noted in Section 31-510, state and federal requirements, of this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If a development-related fee has been adopted at the time the application for a vesting tentative map is deemed complete, and that adopted fee includes a formula for periodic increases based on a set formula, such as increases in the construction cost index, the amount of the fee may be increased from the date of approval of the vesting tentative map until the fee is paid, based on the formula adopted at the time the vesting tentative map application was deemed complete.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If the ordinance, policies, or standards described in Section 31-504, development rights, are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her assignee, at any time prior to the expiration of the vesting tentative map may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. The application shall clearly specify the changed ordinances, policies, or standards for which an amendment is sought. Any proposed amendment to a vesting tentative map shall be filed and processed in the same manner as for a new vesting tentative map application, and any approval of an amendment shall not alter the map's expiration date. Modifications to conditions or revision of an approved vesting tentative map may be considered by the appropriate decision making body upon application in writing by the subdivider provided:

(a) No lots, units, or building sites are added.

(b) The revised vesting tentative map substantially conforms to the approved vesting tentative map.

(c) All findings required by Section 31-401.10 can be made.

(d) No significant environmental impacts will result from the change, and no additional environmental review is required by CEQA.

(e) The amendment is consistent with the requirements of the general plan, this chapter, the zoning code, and other applicable standards and regulations.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The rights conferred by this chapter shall relate only to the imposition by the city of conditions or requirements created and imposed by the city's ordinances. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies; nor does this chapter grant the city the option to disregard any state or federal laws, regulations, or policies.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)