Chapter 12 — VESTING TENTATIVE MAPS

SEC. 81.1201. PURPOSE.

The purpose of this chapter is to implement Government Code sections 66498.1 through 66498.9 by establishing procedures to confer vested rights for major and minor subdivisions. As used in this chapter, the term "vesting tentative map" means a "vesting tentative map" in the case of a major subdivision and a "vesting tentative parcel map" in the case of a minor subdivision.

(Added by Ord. No. 7084 (N.S.), effective 2-28-86; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1202. CONSISTENCY.

No land shall be subdivided and developed pursuant to a vesting tentative map if it is inconsistent with the San Diego County General Plan or any applicable specific plan or if the proposed use is not allowed by the Zoning Ordinance or other applicable provisions of this code.

(Added by Ord. No. 7084 (N.S.), effective 2-28-86; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1203. FILING AND PROCESSING.

A person may file a vesting tentative map in lieu of a tentative map for a major subdivision or in lieu of a tentative parcel map for a minor subdivision. A vesting tentative map shall be filed in the same form, have the same contents, accompanying data and report and shall be processed in the same manner as provided in this division for a tentative map in the case of a major subdivision and tentative parcel map in the case of a minor subdivision, except as provided below:

(a) At the time a person files a vesting tentative map with the Director the map shall comply with Government Code section 66452(c).

(b) A subdivider shall file with a vesting tentative map a complete site plan application showing all proposed land uses intended to be vested on the lots to be created with the filing of a final map or a parcel map. The site plan shall comply with the Director's requirements for scale and detail and shall show the lot dimensions, boundaries and square footage for each lot. The subdivider may also show the location and dimensions for buildings and structures and other features for which the subdivider wants to acquire vested rights. The subdivider shall only acquire vested rights for features that the subdivider provides sufficient information about to allow the Director to determine whether the vested rights shall be granted.

(Added by Ord. No. 7084 (N.S.), effective 2-28-86; amended by Ord. No. 8690 (N.S.), effective 7-5-96; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1204. EXPIRATION.

A vesting tentative map shall expire 36 months after its approval date unless the map is extended. The map shall be subject to the same regulations regarding time extensions as provided in this division for a tentative map or a tentative parcel map, whichever is applicable. The related site plan for the vesting tentative map and all vested development rights shall expire on the same day as the vesting tentative map expires.

(Added by Ord. No. 7084 (N.S.), effective 2-28-86; amended by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1205. VESTED RIGHTS CONFERRED.

(a) When the County approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development as provided in Government Code section 66498.1(b), except that the vested rights conferred are limited to the development plan shown on the site plan the County approves or conditionally approves with the vesting tentative map. No vesting tentative map shall be approved or conditionally approved unless the site plan required by section 81.1203(b) is approved or conditionally approved concurrently with the vesting tentative map.

(b) Notwithstanding the vested rights conferred as provided in subsection (a), the County may condition or deny a permit, approval, extension or entitlement if the County determines either of the following:

(1) Failure to impose the condition or deny the permit, approval, extension or entitlement 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.

(c) If a final map (as used in this chapter, the term "final map" also includes a parcel map) is approved prior to the expiration of the vesting tentative map the vested rights shall last as follows:

(1) The vested rights shall last for an initial time period of 24 months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map the 24 month initial time period shall begin for each phase when the final map for that phase is recorded.

(2) The initial time period shall be automatically extended by any time the County uses for processing a complete application for a grading permit or for design or architectural review, if the processing time exceeds 30 days from the date a complete application is filed.

(3) A subdivider may apply to the Director for a one-year extension of the vested rights at any time before the initial time period expires. If the Director denies the extension the subdivider may appeal the denial to the Board within 15 days.

(4) If the subdivider submits a complete application for a building permit during any of the time periods provided in subsections (c)(1)-(3), the vested rights referred to in this chapter shall continue until the expiration of that permit or any extension of that permit.

(Added by Ord. No. 10037 (N.S.), effective 3-26-10)

SEC. 81.1206. CONDITIONAL APPROVAL FOR VESTING TENTATIVE MAP INCONSISTENT WITH ZONING.

Whenever a subdivider files an application for a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance the subdivider shall note the inconsistency on the map. The County may deny the application for the vesting tentative map or approve it subject to the condition that the subdivider obtain an amendment to the Zoning Ordinance to eliminate the inconsistency. If the County amends the Zoning Ordinance to eliminate the inconsistency the conditionally approved vesting tentative map shall confer the vested right to proceed with development in substantial compliance with the amended Zoning Ordinance and other applicable County ordinances, policies and standards in effect, as provided by Government Code section 66498.1. (Added by Ord. No. 7084 (N.S.), effective 2-28-86; amended by Ord. No. 10037 (N.S.), effective 3-26-10)