Chapter 12.10 — VESTING TENTATIVE MAPS

This chapter is enacted pursuant to 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 of California (hereinafter referred to as the "Vesting Tentative Map Statute"), and may be cited as the "Vesting Tentative Map Ordinance."

(Ord. 565 § 3, 2019)

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 Ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the Subdivision Ordinance apply to the Vesting Tentative Map Ordinance. (Ord. 565 § 3, 2019)

No land may be subdivided pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan or any applicable specific plan, or not permitted by the Zoning Ordinance or other applicable provisions of the Municipal Code. (Ord. 565 § 3, 2019)

• A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel map may instead be filed, in accordance with the provisions of this chapter.

• B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map or vesting tentative parcel map will not be prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

• (Ord. 565 § 3, 2019)

• A. Except as provided in subsection B of this section, a vesting tentative map or vesting tentative parcel map must be filed in the same form and have the same contents, accompanying data and reports, and must be processed in the same manner as set forth in Chapter 12.08 for a tentative map or Chapter 12.06 for a tentative parcel map except, at the time a vesting tentative map or vesting tentative parcel map is filed, it must have printed conspicuously on its face the words "Vesting Tentative Map" or "Vesting Tentative Parcel Map."

• B. In addition to the other information required by this chapter to be shown on or provided with a tentative map or tentative parcel map, a vesting tentative map or vesting tentative

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City of Santee, CA

§ 12.10.050 SUBDIVISION OF LAND, DEVELOPMENT FEES, AND § 12.10.080

parcel map must show or be accompanied by the following information in a form satisfactory to the Director:

1. The height, bulk, and location of proposed buildings and other features for which the subdivider wants to acquire vested rights;

2. The design and specifications for all public facilities including, but not limited to, onsite and off-site sewer, water, drainage, roads, and other improvements. The subdivider must submit detailed geological, drainage, flood control, stormwater management, soils, traffic, or other reports deemed necessary by the Director to permit a complete review of the design and improvements for the subdivision;

3. Grading plans showing existing and proposed finished grades at two-foot intervals; provided the Director may require lesser intervals if it is determined that lesser intervals are necessary to display the proposed grading in sufficient detail to permit approval of such final grading plans;

4. Detailed landscape plans;

5. Environmental information sufficient to permit assessment of the environmental effects of the proposed subdivision, including, but not limited to, cumulative and long-term effects;

6. A plan showing proposed phasing of final maps, and phasing for construction.

• C. 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.

• (Ord. 565 § 3, 2019)

Upon filing a vesting tentative map or vesting tentative parcel map, an additional fee as established by City Council resolution must be paid for processing a vesting tentative map or vesting tentative parcel map.

(Ord. 565 § 3, 2019)

The approval or conditional approval of a vesting tentative map or vesting tentative parcel map expires at the end of the same time period, and is subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative parcel map or tentative map.

(Ord. 565 § 3, 2019)

• A. The approval or conditional approval of a vesting tentative map or vesting tentative parcel map confers a right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date the City has determined that the application is complete as described in Section 66474.2 of the Government Code. However, if Section 66474.2 of the Government Code is repealed, the approval or

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City of Santee, CA § 12.10.080

SANTEE CODE

§ 12.10.080

conditional approval of a vesting tentative map or vesting tentative parcel map confers a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the application for the vesting tentative map or vesting tentative parcel map was deemed complete. The City Council resolves any disputes regarding whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection.

• 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 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 conferred by a vesting tentative map or vesting tentative parcel map expire if a final map or parcel map is not approved and recorded prior to the expiration of the vesting tentative map or the vesting tentative parcel map, as provided in Section 12.10.070.

• D. Upon the filing of a final map or parcel map for a vesting tentative map or vesting tentative parcel map, the rights conferred by subsection A of this section continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map, this period begins for each phase when the final map or parcel map for that phase is recorded.

• E. The time period set forth in subsection D of this section may be automatically extended by any time used for processing a complete application for a grading permit or development review permit if such processing exceeds 30 days from the date a complete application is accepted.

• F. A subdivider may apply to the City Council for a one-year extension of the rights conferred by subsection D at any time before the time period set forth in subsection D expires. An extension may be granted only if the Council finds that the map still complies with the requirements of this chapter. The City Council may approve, conditionally approve, or deny an extension in its sole discretion.

F. A subdivider may apply to the City Council for a one-year extension of the rights conferred by subsection D at any time before the time period set forth in subsection D expires. An extension may be granted only if the Council finds that the map still complies with the requirements of this chapter. The City Council may approve, conditionally approve, or deny an extension in its sole discretion.

• G. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections D through F, the rights referred to therein continue until the expiration of that building permit or any extension of that permit.

• H. Upon the expiration of the time limits specified in subsection A, D, E, F or G, all rights conferred by this section cease and the project will be considered as the same as any subdivision which was not processed pursuant to this chapter.

• I. Notwithstanding subsection A of this section, the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law will be determined by the application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative map or vesting tentative parcel map.

• (Ord. 565 § 3, 2019)

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City of Santee, CA

SUBDIVISION OF LAND, DEVELOPMENT FEES, AND

§ 12.12.010

§ 12.12.020