Sutter County Municipal Code § 1400-250 Vesting Tentative Maps—procedure and Contents

Whenever the provisions of the Subdivision Map Act or of this Chapter require the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provisions of this Chapter.

If a subdivider does not seek the rights conferred by this Chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval to any proposed subdivision, permit for construction, or work preparatory to construction.

(a) Filing and Procedures. A vesting tentative map shall be filed in the same form and have the same content, accompanying data, and reports as a tentative map. It shall be processed in the same manner as a tentative map and containing the following additional information:

(1) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(2) Plot plans of each proposed parcel showing compliance with Building and Zoning Ordinance requirements.

(3) Detail grading and engineering plans and specifications for the improvement and development of the proposed subdivision.

(4) Building plans, including heights, size and number of bedrooms.

(5) Soil and geological studies and other studies or reports that would normally be deferred to the building permit stage for the proposed development of the particular subdivision.

(6) Subdivisions which propose the use of septic systems shall also show on each proposed lot a Minimum Usable Sewage Disposal Area meeting the requirements of the Environmental Health Program.

(7) If the subdivision included any properties which would require Design Review under Division 85 of Chapter 1500 of the Sutter County Ordinance Code, then all the required submittals of Division 85 shall be provided.

(b) Expiration. 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 of a tentative map.

(c) Revisions of Existing Tentative Maps Not Allowed. A tentative map previously filed may not be amended to be a vesting tentative map. Instead, a new vesting tentative map shall be required.

(a) Approval Standards. 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 Section 66474.2 of the California Government Code. However, if Section 66474.2 of the California Government Code is repealed, the 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 was approved.

(b) Additional Permit Conditions or Denials. A permit, approval, extension, or entitlement associated with a vesting tentative map may be made conditional or denied if any of the following are determined:

(1) A failure to do so would place the residents or occupants 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 Conferred. The rights conferred by approval of a vesting tentative map shall expire if a final map or parcel map is not recorded prior to the expiration of the vesting tentative map. If the final map or parcel map is recorded, these rights shall last for the following periods of time:

(1) An initial time period of one year beyond the recording of the final or parcel map. Where several final or parcel maps are to be 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 or parcel map for that phase is recorded.

(2) The initial time period set forth above in Section 1400-253(c)(1) shall automatically be extended by any time period used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date the 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 Section 1400-253(c)(1) above expires. If the extension is denied, notwithstanding the time period specified in Section 1400-850 of this Chapter, the subdivider may appeal that denial to the Board of Supervisors within 15 calendar days. Any such appeal shall be processed pursuant to Section 1400-850.

(4) If the subdivider or other interested party submits a complete application for a building permit during the periods of time specified in Sections 1400-253(c)(1) through 1400-253(c)(3), the rights conferred by the vesting tentative map shall continue until the expiration of that building permit, or any extension of the permit.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at the time, such inconsistency shall be noted on the vesting tentative map. Such a vesting tentative map may be denied or may be approved conditioned upon the subdivider, or his/her designated representative, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved vesting tentative map shall, notwithstanding Section 1400-253(a), confer the vested right to proceed with development in substantial compliance with the change in the Zoning Ordinance and the map as approved

The rights conferred by this section shall be for the time periods set forth in Section 1400-253(c).

Notwithstanding any provision of this Chapter, a property owner, or his/her designated representative, may seek approvals or permits for development which departs from the ordinances, policies, and standards described in Sections 1400-253(a) and 1400-254, and the County may grant these approval or issue these permits to the extent that the departures are authorized under applicable law.