Tuolumne County Municipal Code Ch. 16.20 Vesting Tentative Maps

Sections:

• 16.20.010 Application.
• 16.20.020 Filing and processing.
• 16.20.030 Fees.
• 16.20.040 Expiration.
• 16.20.050 Vesting on approval of vesting tentative map.
• 16.20.060 Vesting tentative map amendments.
• 16.20.070 Applications inconsistent with current standards.
• 16.20.080 Consistency.
• 16.20.090 Compliance with local, state and federal laws.

A. 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 of this chapter. B. If the 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. 1619 ' 1, 1988; Ord. 1562 ' (part), 1987).

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. Prior to or simultaneously with the approval of a vesting tentative map for property zoned R-2. R-3 or for property in any commercial or industrial zone. the subdivider shall obtain a site development permit for the particular development to which rights shall be conferred. (Ord. 1619 ' 2, 1988; Ord. 1562 ' 2 (part), 1987).

map, the subdivider shall pay the fees required by the county for the filing and processing of a tentative map. (Ord. 1562 ' 2 (part), 1987).

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. 1562 ' 2 (part), 1987).

tentative map. A. The approval or conditional approval of 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. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development and substantial compliance with the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 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 16.20.040. If the final map

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is approved, these rights shall last for the following periods of time:

1. An initial time period of two years.
   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 1 above 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 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 1 expires. If the extension is denied, the subdivider may appeal that denial to the board of supervisors within fifteen days.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection 1 through 3 above, the rights referred to herein shall continue until the expiration of that permit. or any extension of that permit. (Ord. 1562 ' 2 (part), 1987).

At any time prior to the expiration of the vesting tentative map, the subdivider, or his/her or her assignee, may apply for an amendment to the vesting tentative map. (Ord. 1562 ' 2 (part), 1987).

current standards. Notwithstanding any provision of this chapter, a property owner or his/her or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 16.20.050, and the board of supervisors may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 1562 ' 2 (part), 1987).

subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this code. (Ord. 1562 ' 2 (part), 1987).

federal laws. A. This chapter does not enlarge, diminish, or alter the types of conditions which may be imposed by the county on a development, nor in any way diminish or alter the power of the county to protect against a condition dangerous to the public health or safety. B. The rights conferred by this chapter shall relate only to the imposition by the county of conditions or requirements created and imposed by county ordinance. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies and does not grant the county the option to disregard any state or federal laws, regulations or policies. (Ord. 1562 ' 2 (part), 1987).

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