Taft Municipal Code Ch. 10 Vesting Tentative Maps

This chapter is enacted pursuant to the authority granted by Sections 66498.1 through 66498.9 of the Map Act. (Ord. 839-20, 10-20-2020)

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 Map Act and this title. Except as otherwise set forth in the provisions of this title, the provisions of this chapter shall apply to vesting tentative maps. 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. 839-20, 10-20-2020)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan, any applicable specific plan, or zoning regulations, or is not permitted by this title or any other applicable provisions of this code. (Ord. 839-20, 10-20-2020)

VESTING TENTATIVE MAP: A tentative map for any subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with section 10-10-6 of this chapter consistent with section 66498.1 of the Map Act, and is thereafter processed in accordance with the provisions hereof. (Ord. 839-20, 10-20-2020)

Whenever a provision of the subdivision map act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof. 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. 839-20, 10-20-2020)

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 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, a subdivider shall also supply the following information:

1. Boundary survey map prepared by a registered land surveyor;

2. A site development plan showing in general the height, size, and location of buildings, number of dwelling units, number and location of parking spaces, landscape areas, and park sites, if any;

3. A statement as to the uses to which the buildings will be put;

4. Preliminary soils report;

5. Detailed improvement plans for all roads, streets, highways, and ways in the proposed subdivision including the location, names, exact widths, curve radii and grades, typical sections, and an indication as to whether the facility is intended to be public or private. Details of curbs, gutters, sidewalks and other improvements shall be shown and shall be of such scale as to show clearly all details thereof;

6. Precise drainage and flood control plans. All lot drainage, including easements required for lot to lot drainage and off site drainage shall be addressed. Additionally, all proposed erosion control measures shall be included;

7. Precise sewerage plans and a capacity study of the downstream collector sewer;

8. Precise water improvement plans;

9. Final grading plans, showing existing and proposed grades, the extent of cut and fill, slope angle of all banks, spot elevations at the top of cuts and toe of fills for all grading, any existing or proposed retaining walls, and sections at lot lines and subdivision boundaries. (Ord. 839-20, 10-20-2020)

Upon filing a vesting tentative map, the subdivider shall pay the fees as set forth by resolution of the city council. (Ord. 839-20, 10-20-2020)

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 title for the expiration of the approval or conditional approval of a tentative map. (Ord. 839-20, 10-20-2020)

(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 section 66474.2.

(B) If section 66474.2 of the Government Code 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.

(C) Fees required, as set forth by resolution of the city council that are contained in the approved conditions of approval of a vesting tentative map, shall be such fees that are in effect as of the date of filing of the final map, except that whenever a subdivider elects to defer payment of any such fees until development or issuance of a building permit, such fees shall be those in effect as of such later date.

(D) 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.

(E) The rights referred to herein shall expire if a final map is not approved prior to expiration of the vesting tentative map as provided in section 10-10-8 of this chapter. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of twelve (12) months. 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. The initial time period set forth in subsection (E)1 of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (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 subsection (E)1 of this section expires. If the extension is denied, the subdivider may appeal that denial to the Council within fifteen (15) days.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (E)1 through (E)3 of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 839-20, 10-20-2020)

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. The city shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, to obtain 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 subsection 10-10-9 (A) of this chapter, shall confer the vested right to proceed with the 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 subsection 10-10-9 (E) of this chapter. (Ord. 839-20, 10-20-2020)

Notwithstanding any provision of this chapter, 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 subsection 10-10-9 (A) and section 10-10-10 of this chapter, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 839-20, 10-20-2020)