San Benito County Municipal Code Ch. 23.13 Vesting Tentative Maps

(A) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the submitting of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter and Map Act Chapter 4.5, “Development Rights”.

(B) If a subdivider does not seek the rights conferred by a vesting tentative map, the submitting 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.

(1966 Code, § 17-46) (Ord. 617, § 2(part))

A vesting tentative shall be submitted 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 this title for a tentative map, except that at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map”.

(1966 Code, § 17-47) (Ord. 617, § 2(part))

(A) Upon the submitting of a vesting tentative map, the subdivider shall pay all fees and/or deposits in accordance with § 23.01.007.

(B) The Planning Commission may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for the fees in effect at the time of the application or issuance.

(1966 Code, § 17-48) (Ord. 617, § 2(part))

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 this title for the expiration of the approval or conditional approval of a tentative map.

(1966 Code, § 17-49) (Ord. 617, § 2(part))

(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 described in Cal. Gov’t Code § 66474.2. However, if § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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 approved or conditionally approved.

(B) Notwithstanding division (A), a permit, approval, extension or entitlement may be conditioned 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; and

(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 or parcel map is not recorded prior to the expiration of the vesting tentative map as provided herein. If the final or parcel map is recorded, these rights shall last for the following periods of time:

(1) An initial time period of one year beyond the recording of the final or parcel 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) The initial one-year time period set forth in division (C)(1) above shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds 30 days from the date a complete application is filed;

(3) A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period set forth in division (C)(1) above expires. If the extension is denied, the subdivider may appeal that denial to the Board of Supervisors within ten days in accordance with § 23.07.008; and

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in divisions (C)(1) through (3) above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(D) Consistent with division (A) above, an approved or conditionally approved vesting tentative map shall not limit the county from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in division (A) above.

(E) 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 division (A), and the county may grant these approvals or issue these permits to the extent that the departures are authorized under this title, this code, the general plan and other applicable law.

(1966 Code, § 17-50) (Ord. 617, § 2(part))

Any time prior to the expiration of a vesting tentative map, the subdivider or his or her assignee may apply for an amendment to the vesting tentative map in accordance with the provisions of § 23.07.011.

(1966 Code, § 17-51) (Ord. 617, § 2(part))