Sierra County Municipal Code Ch. 23.12 Vesting Maps

This section is enacted pursuant to the authority granted by Part 4.5 (commencing with Cal. Gov’t. Code § 66498.1) of the Subdivision Map Act (hereinafter referred to as the Vesting Tentative Map Statute) and may be cited as the Sierra County vesting tentative map ordinance. The purpose of this chapter is to establish appropriate local procedures for the implementation of the Vesting Tentative Map Statute.

To accomplish this purpose, the regulations contained in this section 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. (Formerly 23.12.001)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan. (Formerly 23.12.002)

A. For purposes of this chapter, a “vesting tentative map” shall mean a tentative subdivision map or tentative parcel map that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with this chapter, and is thereafter processed in accordance with the provisions hereof. For purposes of this section, “vesting tentative map” shall include a vesting tentative map prepared in connection with a tentative parcel map.

B. All other definitions set forth in this title are applicable to this section. (Formerly 23.12.003)

A. This chapter shall apply to residential developments and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this section, requires the filing of a tentative parcel or subdivision map, a vesting tentative map may instead be filed in accordance with the provisions of this title.

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. (Formerly 23.12.004)

A vesting tentative subdivision or parcel 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 this title for a tentative subdivision or tentative parcel map except as hereinafter provided:

At the time a vesting tentative subdivision or parcel map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” (Formerly 23.12.005)

The approval or conditional approval of a vesting tentative subdivision map shall expire at the end of the same time period, and shall be subject to the same extensions, established by SCC 23.06.180 and 23.06.190 for the expiration of the approval or conditional approval of a tentative subdivision map. (Formerly 23.12.006)

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 Cal. Gov’t. Code § 66474.2 of the Subdivision Map Act. However, if Cal. Gov’t. 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) of this section, a permit, approval, extension, or entitlement may be conditioned 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 or parcel map is not approved prior to the expiration of the vesting tentative map. If the final or parcel map is approved prior to expiration, these rights shall last for the following periods of time:

1. An initial time period of one year beyond the recording of the final map or parcel map. Where maps are recorded on various phases of a project covered by a single vesting tentative map, this one year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in SCC 23.12.060 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.

2. The one-year initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

3. A subdivider may apply to the Planning Commission for a one year extension at any time before the initial time period set expires. If the extension is denied, the subdivider may appeal that denial to the Board of Supervisors within 15 days in accordance with SCC 20.05.130.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (C)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Formerly 23.12.007)

Amendments to the approved or conditionally approved vesting tentative map shall be made in accordance with SCC 23.09.080, as the case may be. (Formerly 23.12.008)

Notwithstanding any provision of this section to the contrary, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in SCC 23.12.070, and the county may grant these approvals or issue these permits to the extent that the departures are authorized under this title, this code, the general plan, and other applicable law. (Formerly 23.12.009)