Santa Clara County Municipal Code Part 4 Vesting Tentative Maps

Footnotes:

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Editor's note— Section 2 of Ord. No. NS-1203.78, adopted May 13, 1986, amended Pt. 4 to read as set out in §§ C12-60—C12-65. Formerly, the substantive provisions of Pt. 4 were entitled "Environmental Reviews" and consisted of a single § C12-64, "Environmental impact," derived from Ord. No. NS-1203.35, § 4, adopted Mar. 13, 1978.

(a) This part shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Santa Clara County Subdivision Ordinance, 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 the provisions of this part.

(b) If a subdivider does not seek the rights conferred by a vesting tentative map, 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. No. NS-1203.78, § 2, 5-13-86)

An application for a vesting tentative map shall be filed in the same form with the same fees, accompanying data and reports and shall be processed in the same manner as is provided 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."

(Ord. No. NS-1203.78, § 2, 5-13-86)

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 chapter for the expiration of the approval or conditional approval of a tentative map.

(Ord. No. NS-1203.78, § 2, 5-13-86)

(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 Government Code § 66474.2.

However, if Government Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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 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) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section C12-62. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one year. 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 filed with the County Recorder.

(2) The initial time period set forth in (c)(1) shall be automatically extended by any time used for processing a complete application for conditional grading approval or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in (c)(1) expires. A request for such an extension shall be by letter to the Land Development Coordinator accompanied by a fee in an amount established by resolution or ordinance by the Board of Supervisors. Such requests shall be processed in the same manner as extensions of time for tentative maps.

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

(Ord. No. NS-1203.78, § 2, 5-13-86)

At any time prior to the expiration of a vesting tentative map, the subdivider may apply for a modification of the vesting tentative map. The application shall be processed in the same manner as a modification of a tentative map. A modification of a vesting tentative map shall not affect the vesting period.

(Ord. No. NS-1203.78, § 2, 5-13-86)

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the map. Such a vesting tentative map may be denied or approved conditioned upon the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section C12-63(a), confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

(b) The rights conferred by this section shall be for the time periods set forth in Section C12-63(c).

(Ord. No. NS-1203.78, § 2, 5-13-86)