Sand City Municipal Code Ch. 17.36 Vesting Tentative Maps

The ordinance codified in this chapter is enacted under the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance.

(Ord. 86-1 §1.1)

It is the purpose of this chapter to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act (Gov. Code Sections 66410—66499.58) and the City subdivision ordinance codified in this title. Except as otherwise set forth in the provisions of the ordinance codified in this chapter, the provisions of the subdivision ordinance codified in this title shall apply to the vesting tentative map ordinance codified in this chapter. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. 86-1 §1.2)

No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the Subdivision Map Act.

(Ord. 86-1 §1.3)

A. A "vesting tentative map" means a "tentative map" for a residential subdivision, as defined in Section 17.08.500, that shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Section 17.36.060, and is thereafter processed in accordance with these provisions.

B. All other definitions set forth in Chapter 17.08 are applicable.

(Ord. 86-1 §1.4)

A. The ordinance codified in this chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the ordinance codified in this title, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with these provisions.

B. 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 subdivision, permit for construction, or work preparatory to construction.

(Ord. 86-1 §1.5)

A vesting tentative map shall be filed 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 the ordinance codified in this title for a tentative map except as hereinafter provided:

A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "vesting tentative map."

B. At the time a vesting tentative map is filed, the subdivider may also supply the following information: building height (or building elevation above mean sea level); building size and location of building (building envelope); sewer/storm drain detail; utilities detail; public access to beach or coastal bluff; road and transportation detail including streets, curbs, sidewalks, and bicycle paths; building or site uses; geological studies and soils engineering information; grading and excavation plans; architectural plans and elevations; view corridors and visual analysis (including vista point locations); biological field surveys and habitat protection plans, landscaping plans; archaeological surveys; open space or scenic easements; shoreline protective device location and marine erosion control plans; and shall provide any other information the City may require.

C. A vesting tentative map may not be approved prior to obtaining all discretionary land-use approvals necessary for the development subject of the vesting tentative map. Examples of such approvals include but are not limited to general plan amendments; local coastal program land use plan amendments; zoning changes; conditional use permits; coastal development permits; and design approval.

(Ord. 86-1 §2.1)

On filing a vesting tentative map, the subdivider shall pay the fees required by resolution of the City Council.

(Ord. 86-1 §2.2)

A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with the ordinances, policies and standards described in Gov. Code Section 66474.2. However, if Gov. Code 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 compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B. Notwithstanding subsection A of this section, 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 an 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. The rights referred to herein shall expire if a final map is not approved before the expiration of the vesting tentative map as provided in Section 17.36.090. 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 the final map is recorded. 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;

2. A subdivider may apply to the City Council for a one year extension at any time before the initial time period set forth in paragraph 1 of this subsection expires;

3. If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs 1 or 2 of this subsection, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 86-1 §3.1)

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

(Ord. 86-1 §2.3)