§ 9-504

The purpose of this Chapter is to establish the form, contents, submittal requirements, and approval process for Vesting Tentative Maps pursuant to the authority granted by Chapter 4.5 of the Subdivision Map Act.

Whenever a provision of the Subdivision Map Act or this Series requires the filing of a Tentative Map, a Vesting Tentative Map may be filed instead in accordance with the provisions of this Series. If a subdivider does not choose to seek the rights conferred by this Series, the filing 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.

A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data and reports as a Tentative Map and shall be processed in the same manner as a Tentative Map, except as hereinafter provided:

(a)

Title. At the time a Vesting Tentative Map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(b)

Required Information. The following information shall be submitted at the time a Vesting Tentative Map is filed:

(1)

Consistency with General Plan and Zoning. A statement that the Vesting Tentative Map shows a subdivision whose development is consistent with the General Plan and any applicable Specific Plan, Special Purpose Plan, and this Title, or that an application has been filed for a General Plan amendment, Specific Plan amendment, and/or rezoning the land that will be processed prior to, or concurrently with, the Vesting Tentative Map.

(2)

Public Improvement Plan, Engineering Calculations, and Cost Estimates. A Public Improvement Plan, meeting the requirements of Chapter 9-508 prepared by a California-registered professional engineer and indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable TV, internet, streets, storm drains, and street lighting to be installed to serve the subdivision and any facilities that currently exist within the boundary of the subdivision. Engineering calculations and estimated costs for all proposed improvements also shall be submitted in sufficient detail to bid the job for construction.

(3)

Building Information. The height, size, location, architectural plans, and use of all buildings to be constructed within the subdivision, if known.

(4)

Grading Plans. Proposed grading plans based on field surveys.

(5)

Soils Report. Prepared by a California-registered civil engineer, engineering geologist, or geotechnical engineer.

(6)

Approval Letters. Required approval letters from other agencies or service districts for public services, such as water and wastewater disposal, where applicable.

(7)

Landscaping Plans. Landscaping plans proposed for the subdivision, including a Landscape Documentation Package, Landscape Design Plan, and Water Efficient Landscape Calculations and Alternatives, if these are required by Chapter 9-402, Landscaping.

(8)

Discretionary Permit Applications. Applications for all required discretionary permits for development under a Vesting Tentative Map, including Administrative Use Permits, Conditional Use Permits, Public Improvement Plans, Variances, Waivers and Exceptions. No Vesting Tentative Map shall be approved with a condition that rezoning and discretionary approvals will be subsequently secured.

(9)

Other Studies. Any other studies required because of the peculiarities of the subdivision and as required by the County.

(a)

Vested Rights. 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 Government Code Section 66474.2. However, if Section 66474.2 of the Government Code 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)

Condition or Denial. Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be made conditional 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.

(2)

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

(c)

Expiration of Rights. Vested rights allowed under this Section shall expire pursuant to the Subdivision Map Act 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)

Initially. An initial period of one year after recording of the Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial period shall begin for each phase when the Final Map for that phase is recorded.

(2)

Automatic Extension. The initial time period set forth in Subsection (c)(1) shall be automatically extended for any time used to process a complete application for a grading permit or for building permit review, if such processing exceeds 30 days from the date a complete application is filed.

(3)

Requested Extension. A subdivider may apply for a one-year extension at any time before the expiration of the initial time period set forth in Subsection (c)(1). The request for extension shall be submitted in writing to the Planning Commission. The Commission's decision may be appealed to the Board of Supervisors within 10 days. If the subdivider submits a complete application for a building permit during this time, the rights referred to herein shall continue until the expiration of that permit.

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, as a Tentative Map.