Chapter 87.02 — TENTATIVE MAP FILING AND PROCESSING

This Chapter establishes requirements for the preparation, filing, approval or disapproval of Tentative Maps, consistent with the requirements of the Map Act.

(Ord. 4011, passed - -2007)

(a) Submittal Requirements. When a Tentative Map is required by § 87.01.080 (Type of Subdivision Approval Required), Tentative Map submittal shall include the application forms, all information and other materials prepared as required by the Department and the County Surveyor, and a Tentative Map prepared in the format required by the Department and the County Surveyor.

(b) Filing of Phased Projects. If the subdivider wishes to file multiple Parcel or Final Maps for a development project that will be phased, then one of the following shall first be completed:

(1) The subdivider, at the time the Tentative Map is filed, shall inform the Department of the subdivider’s intention to file multiple Parcel or Final Maps on the Tentative Map; or

(2) After the filing of the Tentative Map, the Department and the subdivider concur in the filing of multiple Final Maps.

(3) A subdivider filing multiple Parcel or Final Maps shall show the boundary limits of each phase and designate the sequence of filing for recordation of each phase to the satisfaction of the Development Review Committee. (Ord. 4011, passed - -2007)

(a) General Filing and Processing Requirements. A Tentative Map application shall be submitted to the Department for processing, and shall be:

• (1) Reviewed for completeness and accuracy (refer to § 85.03.020 [Applications for Land Use Decisions]);

• (2) Referred to affected agencies;

• (3) Reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable; and

• (4) Evaluated in compliance with § 87.02.040 (Evaluation of Application) below.

• (b) Referral to Affected Agencies. The procedure provided by this Subdivision is in addition to the procedures in Chapter 85.01 (Permit Application Filing and Processing).

(1) Required Referrals. The Director shall refer a Tentative Map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, County agencies and departments, cities, special districts, and local agencies, public utilities, and State agencies.

(2) Anticipated Type of Response. The agencies that receive a Tentative Map application are expected to respond to the Department with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of Tentative Map approval.

(3) Time Limits for Referral and Response. As required by Map Act §§ 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete. An agency wishing to

respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application.

(Ord. 4011, passed - -2007)

The following shall occur after completion of the initial processing and the application being deemed complete. (a) Evaluation of Application. The Director:

(1) Shall review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable community plan, any applicable specific plan, and the Map Act, in compliance with Map Act § 66474.2;

(2) Shall determine the extent to which the proposed subdivision complies with the findings in § 87.02.060 (Tentative Map Approval or Disapproval);

(3) Shall determine that the project is “noncontroversial.” For the purpose of this Section, “noncontroversial” shall mean:

(A) That no member of the Development Review Committee objects to the project or any portion of the project; (B) No specific written request has been received requesting public hearing review of the project from a person notified; and

(C) In the opinion of the Director, there has been no substantial objection to the proposed project from members of the public.

(4) May refer the project to the Commission for action if the Director determines the project to be controversial.

(b) Preparation of an Evaluation. The Director shall prepare an evaluation in compliance with Map Act § 66452.3 describing the conclusions of the map application review. Copies of the evaluation shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion [§ 87.04.030]) at least three days before any hearing or action on the Tentative Map by the review authority in compliance with § 87.02.050 or 87.02.060.

(1) County Department Evaluations and Recommendations. Wherever possible, the evaluations and recommendations of the County departments shall be presented to the Planning Agency by the Chair of the Development Review Committee or designee.

(2) Required Action in the Case of Waste Discharge Violations. The Development Review Committee shall advise the Planning Agency as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board in compliance with Water Code §§ 13000 et seq. In the event that the Planning Agency finds that the proposed waste discharge would result in or add to violation of the requirements of the Water Quality Control Board, it may disapprove the Tentative Map(s), or take other action as may be allowed by the policies of the Board of Supervisors.

(Ord. 4011, passed - -2007)

(a) Review Authority. The Director shall be the review authority for all Tentative Maps, except as follows, and shall use the following procedures for reviewing and making decisions on Tentative Maps.

(1) Tentative Tract Maps and Vesting Tentative Maps. The Director shall review each Tentative Map proposing five or more parcels, each Vesting Tentative Map, and any other Tentative Tract Map that requires the recordation of a Final Map in compliance with the Staff Review with Notice Procedures in § 85.02.030 (Staff Review with Notice).

The applications for these maps shall also be reviewed by the Development Review Committee (DRC) for its recommendations. The Director may refer a Tentative Map to the Commission for action where the Director first determines that:

• (A) There have been substantial public objections to the proposal;

• (B) The proposal is filed concurrently with an application subject to public hearing review procedures; or

• (C) Any member of the Development Review Committee objects to the proposal.

(2) Tentative Parcel Map. A Tentative Map proposing four or fewer parcels shall be reviewed in compliance with the procedures for Staff Review with Notice in § 85.02.030 (Staff Review with Notice).The applications for these maps shall also be reviewed by the DRC for its recommendations when the subdivision is of a type described in Map Act § 66426(a), (b), (c), or (d). The Director may refer a Tentative Parcel Map to the Commission when the Director determines that the proposal is controversial, or when the proposal is filed concurrently with an application that is otherwise required by this Development Code to have a public hearing.

(3) Tentative Map Referred to the Commission. When a Tentative Map is referred to the Commission for action, a public hearing shall be required in compliance with Chapter 86.07 (Public Hearings).

• (b) Review of Tentative Map.

(1) Actions of Review Authority. After completion of the evaluation required by § 87.02.040 (Evaluation of Application), the review authority shall:

(A) Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable community plan, any applicable specific plan, and the Map Act. The evaluation shall be based on the information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and

(B) Approve, conditionally approve, or disapprove the Tentative Map in compliance with Map Act § 66452.1 and Public Resources Code § 21151.5 within 50 days after certification of the EIR, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Public Resources Code Division 13 (commencing with § 21000).

(2) Findings Required. Tentative Map approval shall require that the review authority first make all of the findings required by § 87.02.060 (Tentative Map Approval or Disapproval). The review authority may require conditions of approval in compliance with § 87.02.070 (Conditions of Approval).

(3) Appeal of Decision. A decision by the review authority to approve, conditionally approve, or disapprove a Tentative Map may be appealed to the Board, in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5. (Ord. 4011, passed - -2007)

In order to approve or recommend the approval of a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the County shall apply only the ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with § 87.02.030 (Tentative Map Filing, Initial Processing), except where the County has initiated General Plan, community plan, specific plan, area plan or Development Code changes, and provided public notice as required by Map Act § 66474.2.

(a) Required Findings for Approval.

(1) Mandatory Findings. The review authority shall approve a Tentative Map only after first making all of the following findings, as required by Map Act §§ 66474 and 66474.6. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act § 66424.6.

(A) The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable community plan, and any applicable specific plan;

(B) The site is physically suitable for the type and proposed density of development;

(C) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(D) The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;

(E) The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;

(F) The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

(G) The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and

(H) The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.

(2) Additional Specific Findings. The following additional specific findings shall be made by the review authority before approval or conditional approval of a Tentative Map, as applicable to the application.

(A) If the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Map Act §§ 66427.1(a) and 66452 before approving the proposed subdivision. Those requirements include the following:

(I) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received written notification of intention to convert at least 60 days before the filing of a Tentative Map in compliance with § 66452.

(II) Each of the tenants, and each person applying for the rental of a unit in the residential real property, has, or will have, received all applicable notices and rights required in compliance with §§ 66451 and 66452.

(III) Each of the tenants received ten-days’ written notification that an application for a public report will be, or has been, submitted to the State Department of Real Estate, and that the report will be available on request.

(B) If the proposed subdivision is within an Agricultural Preserve, it shall comply with Map Act § 66474.4 and the findings in that Section, whether or not the land is currently under contract.

(3) Findings Under an EIR. Notwithstanding the finding required by Subdivision (a)(1)(C), above, the review authority may approve a Tentative Map, or a Parcel Map for which a Tentative Map was not required, if an Environmental Impact Report (EIR) was prepared for the project and a finding is made in compliance with the Public Resources Code § 21081, that specific economic, social, or other considerations make the mitigation measures or project alternatives identified in the EIR infeasible.

(b) Supplemental Findings. In addition to the findings identified in Subdivision (a) above, the review authority shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

(1) Construction of Improvements. In the case of a Tentative Map for a subdivision that will require a subsequent Parcel Map, the construction of improvements for the subdivision within a specified time after the recordation of the Parcel Map is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area.

(2) Waiver of Parcel Map. The findings required by § 87.03.030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application.

(c) Situations Requiring Disapproval Unless Prerequisites Satisfied. A Tentative Map shall not be approved in the following cases.

(1) Residential Conversion Without Required Advance Tenant Notice. In the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, the review authority shall not approve the Tentative Map unless evidence is provided by the subdivider, as required by Map Act §§ 66452.8 and 66452.9, that proper notification has been given to each of the tenants of the proposed conversion notifying of the subdivider’s intent to convert.

(2) Residential Conversion Without Required Favorable Votes. In the case of a conversion of a stock cooperative or a community apartment project to a condominium, the review authority shall not approve a Tentative Map unless evidence is provided by the subdivider, as required by Map Act § 66452.10, that the required number of owners in the cooperative or project, as specified in the bylaws or other organizational documents, have voted in favor of the conversion.

(3) Agricultural Preserve Parcels Too Small for Agriculture. In the case of land that is subject to a contract in compliance with the California Land Conservation Act of 1965 (Government Code § 51296) or if the land is located within an agricultural preserve without being subject to a contract, the review authority shall not approve a Tentative Map, or a Parcel Map for which a Tentative Map was not required, if it finds that a parcel(s) proposed within the subdivision would be too small to sustain its agricultural use.

(A) For the purposes of this Section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is:

(I) Less than ten acres in the case of prime agricultural land, except as allowed in Subdivision (3)(c) below; or

(II) Less than 40 acres in size in the case of land that is not prime agriculture land unless otherwise provided by this Development Code.

(B) The review authority may approve a subdivision with parcels smaller than those listed above if the findings in Map Act §§ 66474.4(c)(1) or 66474.4(c)(2), along with the other applicable findings in this Section are first made, or the land within the subdivision is subject to a contract when one of the following has occurred in compliance with Map Act § 66474.4(e):

(I) The Local Agency Formation Commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Government Code §§ 51243 and 51243.5.

(II) Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in Government Code § 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract.

(III) The Board has granted tentative approval for cancellation of the contract in compliance with Government Code § 51282.

(C) In compliance with Government Code § 66474.4(c), the Board has made the finding that parcels smaller than ten acres in size within Agricultural Preserves and designated RL (Rural Living) in the Crafton area east of Redlands can sustain agricultural uses allowed under Land Conservation Contracts; provided, the Planning Agency makes all of the following additional findings before the approval of any proposed subdivision:

(I) The subdivision is compatible with and would not adversely effect the existing agricultural uses or support services within the preserve;

(II) The subdivision will not serve to encourage land uses which will conflict with commercial agricultural uses; and

(III) The proposed subdivision has no parcels less than five acres in area unless the parcels are within a planned development or are for “well lot” purposes only. The average parcel size of all parcels within a planned development subdivision is not less than five acres.

(Ord. 4011, passed - -2007)

Along with the approval of a Tentative Map, the review authority may adopt any conditions of approval deemed necessary to carry out the purposes of this Development Code, including conditions regarding the matters described in Subdivision (a), below; provided, that all conditions shall be consistent with the requirements of the Map Act.

• (a) Dedications and Improvements.

• (1) As a condition of approval of a map of five or more parcels, the Director may require dedications and improvements as necessary to ensure that the parcels to be created:

• (A) Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;

• (B) Are of adequate design in all respects in compliance with this Development Code;

• (C) Act to mitigate any potential environmental impacts identified in the Environmental Impact Report (EIR) or by other means; and

• (D) Provide for proper grading and erosion control, including the prevention of sedimentation or damage to offsite property.

• (2) All improvements shall comply with adopted County standards.

• (b) Access.

(1) Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the County Master Plan of Highways or County Highway Right-ofWay Standards, or shall be ensured of access to the County road system by an approved access which connects a parcel(s) to a maintained public street or State highway.

(2) The review authority may waive the requirements for approved access to subdivisions having parcel sizes of

40 gross acres or more when all of the following findings are first made:

• (A) The applicant is or will be subject to severe hardship unless the waiver is approved;

• (B) There is an existing traveled roadway which has been in existence for at least five years which roadway is at least 20 feet in width at all points; and

• (C) The roadway has the capability for normal motor vehicle use to each parcel in the proposed subdivision.

• (3) Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

• (4) Road easements of record established before the effective date of this Division shall be recognized as legal access to each parcel of the proposed subdivision.

(5) Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.

(c) Applicable Ordinances, Policies, and Standards. In determining whether to approve or disapprove an application for a Final Map, the County shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Map Act § 66474.2.

(d) Conditions Modifying Subdivision Design – Time for Compliance. When modifications in design require a change in the conditions of approval of a Tentative Map, the subdivider shall, at least 30 days before the submission of a Final Map, submit the appropriate number of copies of the Tentative Map as modified to the Department for distribution to, and review for confirmation by, the Development Review Committee representatives. (Ord. 4011, passed - -2007)

The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, in compliance with § 86.06.020 (Effective Date of Permits). (Ord. 4011, passed - -2007)

A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to § 87.03.120 (Amendments to Recorded Parcel or Final Maps).

(a) Limitation on Allowed Changes. Changes or amendments to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by Subdivision (d) (Findings for Approval), below. All proposed changes not covered by this Section shall require the filing and processing of a new Tentative Map.

(b) Application for Changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:

(1) A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

(2) Any additional information deemed appropriate by the Department.

(c) Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed using the same procedures as the original Tentative Map, except as otherwise provided by this Section.

(d) Findings for Approval. The review authority shall not modify the approved Tentative Map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by §§ 87.02.070(a) and (b), above, can still be made:

(1) There was a material mistake of fact in the deliberations leading to the original approval;

(2) There has been a change of circumstances related to the original approval; or

(3) A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Development Code.

(e) Effect of Changes on Time Limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by § 87.02.120 (Tentative Map Time Limits and Expiration).

(Ord. 4011, passed - -2007)

§ 87.02.100 Effect of Tentative Map Approval, Completion of Subdivision Process.

(a) Effect of Approval on Prior Approvals. The approval or conditional approval by the review authority of any revised or new Tentative Map shall annul all previous subdivision designs and approvals thereof.

(b) Compliance with Conditions, Improvement Plans. After approval of a Tentative Map in compliance with this Chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 87.06 (Subdivision Design and Improvement Requirements), before constructing any required improvements.

(c) Parcel or Final Map Preparation, Filing, and Recordation.

(1) A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 87.03 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with § 87.03.030 (Waiver of Parcel Map).

(2) A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 87.03 (Parcel Maps and Final Maps), to complete the subdivision.

(3) Project phasing and the filing of multiple Parcel or Final Maps shall be in compliance with § 87.02.020 (Tentative Map Preparation, Application Contents).

(4) Upon the filing and recordation of any map, including amended maps and certificates of corrections or any record of survey pursuant to the Business and Professions Code, the County Recorder shall transmit an electronic copy of the map to the County Surveyor. The County Surveyor shall maintain a geographic index for all recorded documents transmitted pursuant to this Section.

(Ord. 4011, passed - -2007)

The preparation, filing, processing, and approval or disapproval of a Vesting Tentative Map shall comply with Map Act §§ 66452 and 66498.1 et seq. and the provisions of this Section.

(a) Filing Criteria for Vesting Tentative Maps.

(1) Whenever a provision of the Map Act, as implemented and supplemented by this Division, requires the filing of a Tentative or Parcel Map for a residential development, a Vesting Tentative Map may be filed instead in compliance with this Section.

(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 permit for construction, or work preparatory to construction.

(b) Content of Application. The content and form of Vesting Tentative Maps shall be governed by the provisions of this Subdivision.

(1) At the time a Vesting Tentative Map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

(2) A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data, and reports as identified in § 87.02.020 (Tentative Map Preparation, Application Contents), except as specified in this Section.

(c) Procedures. The following provisions shall govern the filing, processing, and review of Vesting Tentative Maps.

(1) A Vesting Tentative Map shall be processed and reviewed using the same procedures as identified in this Division for a Tentative Map in compliance with §§ 87.02.030 (Tentative Map Filing, Initial Processing) and 87.02.050 (Review and Decision), except as specified in this Section.

(A) Before filing a Vesting Tentative Map, the subdivider shall have a pre-application conference with the Development Review Committee (DRC) to determine if any additional information should be filed with the Vesting

Tentative Map application. The applicant shall submit to the DRC before the pre-application conference all information that is required of a Tentative Map application. This information will be reviewed by the DRC and additional information may be required by the Committee to be submitted with the Vesting Tentative Map application. Preliminary environmental review of the proposed project shall be completed before the pre-application conference.

(B) The minutes of the pre-application conference shall dictate the filing requirements for the Vesting Tentative Map, and shall accompany the filing of the map. The information required by the DRC for formal submittal of the proposed project may include the following:

(I) Drainage plan for control of on- and off-site storm runoff, channels, water courses, existing culverts, and drainpipes including existing and proposed facilities for the control of storm waters, data as to the amount of runoff and the approximate grade, and dimensions of proposed facilities for the control of storm waters.

• (II) Building envelopes.

(III) Proposed land use and types of all structures.

(IV) Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the County to determine future circulation needs.

• (V) Detailed grading plans.

• (VI) Geological studies.

(VII) Any information required by the DRC shall be clearly detailed and listed with an anticipated review period so that it can be acted upon within a reasonable time. The agency or department which requires any additional information shall approve the acceptability of this information from the applicant before the filing of the Vesting Tentative Map.

(VIII) The DRC may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the Vesting Tentative Map.

(C) An approving action on a Vesting Tentative Map shall not occur before the effective date of approval of the associated discretionary permit(s) or action(s).

(D) Upon filing a Vesting Tentative Map, the subdivider shall pay the fees required in compliance with the County Fee Ordinance for the filing and processing of a Vesting Tentative Map.

(E) 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 Division for the expiration of the approval or conditional approval of a Tentative Map in compliance with § 87.02.120 (Tentative Map Time Limits and Expiration).

(F) At any time before the expiration of a Vesting Tentative Map, the subdivider may apply for an amendment to the Vesting Tentative Map in compliance with § 87.02.090 (Changes to Approved Tentative Map or Conditions). No application for amendment shall be required when the review authority first finds that the amendment is a minor modification that is in substantial compliance with the original approval and no new conditions of approval are required.

(G) For a subdivision whose intended development is inconsistent with the land use zoning district or any applicable community or specific plan in existence at that time, that inconsistency shall be noted on the map. The review authority may disapprove a Vesting Tentative Map or approve it conditioned on the subdivider first obtaining the necessary change in the land use zoning district or applicable community or specific plan to eliminate the inconsistency. If the change in the pertinent ordinance is obtained, the approved or conditionally approved Vesting Tentative Map shall confer the right to proceed with the development as approved or conditionally approved.

(H) Fees for development permits (e.g., Building and Grading Permits) filed in compliance with an approved Vesting Tentative Map or a recorded Vesting Final/Parcel Map shall be the fees in effect at the time of issuance of the permit.

(d) Development Rights of Vesting Tentative Maps.

(1) When the review authority approves or conditionally approves a Vesting Tentative Map, that approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect on the date the application for the subdivision has been determined to be complete in compliance with Map Act § 66474.2. If § 66474.2 is repealed, that approval 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 Subdivision (1), above, the review authority may condition or disapprove a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:

(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 disapproval is required in order to comply with State or Federal law.

(3) The review authority may alter any condition of a Vesting Tentative Map through an amendment in compliance with § 87.02.090 (Changes to Approved Tentative Map or Conditions) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.

(4) The rights conferred by this Section shall expire if a Final or Parcel Map is not recorded before the expiration of the Vesting Tentative Map in compliance with § 87.02.120 (Tentative Map Time Limits and Expiration). If the Final or Parcel Map is recorded, these rights shall last for the following periods of time:

(A) An initial time period of 12 months. 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 identified in Subdivision (A), 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 processing exceeds 30 days from the date a complete application is filed.

(C) A subdivider may apply for one 12-month extension at any time before the initial time period identified in Subdivision (A), above, expires. If the extension is disapproved, the subdivider may appeal that disapproval to the Board in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5 within 15 days.

(D) If the subdivider submits a complete application for a Building Permit during the periods of time specified in this Subdivision, the rights referred to in this Subdivision shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 4011, passed - -2007)

(a) Valid for 36 Months. An approved Tentative Map is valid for 36 months after its effective date, except as otherwise provided by Map Act § 66452.6. At the end of 36 months, the approval shall expire and become void unless: (1) A Parcel or Final Map, and related security and improvement agreements, have been timely filed with the County Surveyor in compliance with Chapter 87.03 (Parcel Maps and Final Maps); or

(2) An extension of time has been granted in compliance with § 87.02.130, below.

(b) Expiration of an Approved Map. Expiration of an approved Tentative Map or Vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new Tentative Map application is filed. (Ord. 4011, passed - -2007)

When a subdivider has not completed all Tentative Map or Vesting Tentative Map conditions of approval and timely filed a Parcel or Final Map with the County within the time limits established by § 87.02.120, time extensions may be granted in compliance with this Section, § 86.06.060 (Time Limits and Extensions), and Map Act §§ 66452.6 and 66463.5.

(a) Filing of Extension Request. An extension request shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

(b) Findings for Approval of Extension. Extensions to the initial time limit may be granted only after first finding all of the following:

(1) There have been no changes to the provisions of the General Plan, any applicable community plan, any

applicable specific plan, or this Development Code applicable to the project since the approval of the Tentative Map; (2) There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable community plan, any applicable specific plan, or other standards of this Development Code apply to the project; and

(3) There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads, or schools so that there is no longer sufficient remaining capacity to serve the project.

(Ord. 4011, passed - -2007)