Article 12 — VESTING TENTATIVE MAPS

This article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with §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).

It is the purpose of this article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this chapter. Except as otherwise set forth in the provisions of this ordinance, the provisions of this chapter relating to tentative maps shall also shall apply to vesting tentative maps.

To accomplish this purpose, the regulations outlined in this ordinance 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.

No land shall be subdivided and developer 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 this chapter or other applicable provisions of the Municipal Code.

1. A "vesting tentative map" — shall mean a "tentative map" as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with §10-1.1206, and is thereafter processed in accordance with the provisions hereof.

2. All other definitions set forth in this chapter are applicable.

1. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, 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.

2. If a subdivider does not seek the rights conferred by this article, 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.

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 chapter for a tentative map except as hereinafter provided:

1. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the

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City of Walnut Creek, CA § 10-1.1206

WALNUT CREEK CODE

2. At the time a vesting tentative map is filed a subdivider shall also supply the following information.

   • a. A statement that Design Review approval has been granted, or a complete application for Design Review approval and plans have been filed which will be concurrently processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map.

   • b. A statement that the vesting tentative map is consistent with the current zoning of the land, or that an application has been filed for rezoning or prezoning the land which will be processed concurrently with the vesting tentative map. If a planned development permit, hillside planned development permit or use permit is required, said permit shall be processed prior to or concurrently with the vesting tentative map.

   • c. A tentative utility plan indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable TV and street lighting to be installed to serve the subdivision and any facilities which currently exist within the boundary of the subdivision.

   • d. The height, size, location, architectural plans and use of all buildings to be constructed within the subdivision.

   • e. Proposed grading plans based on actual field surveys.

   • f. Wild fire prevention plan and/or noise analysis with suggested mitigation measures if required by the City's General Plan or any specific plan.

   • g. Required approval letters from other agencies where applicable and feasible.

   • h. Traffic studies including, but not limited to, existing and future traffic, geometrics, number of lanes, level of service, and recommended pavement sections.

   • i. When required by the Community Development Department, feasibility studies, life cycle studies, or other future impact studies.

   • j. When required by the Community Development Department, an economic analysis including analysis of the market for the subdivision.

   • k. Landscaping plans.

   • l. Any other studies required because of the peculiarities of the subdivision.

All vesting tentative map submittals must be accurate and complete, and must satisfy all requirements of the Community Development Department.

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 chapter for the expiration of the approval or conditional approval of a tentative map.

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City of Walnut Creek, CA

SUBDIVISIONS

§ 10-1.1208

§ 10-1.1209

1. 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 §66474.2.

However, if §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.

2. Notwithstanding subdivision a., a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

   • a. 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.

   • b. The condition or denial is required, in order to comply with state or federal law.

3. 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 §10-1.1207. If the final map is approved, these rights shall last for the following periods of time:

   • a. An initial time period of one (1) year after recording. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map for that phase is recorded. All of said final maps must be recorded within the time period set forth in §10-1.1207 or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded.

   • b. The initial time period set forth in c.1. shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if such processing exceeds thirty (30) days from the date a complete application is filed.

   • c. A subdivider may apply for a one-year extension at any time before the initial time period set forth in c.1. expires. The request for extension shall be submitted, in writing, to the Secretary of the Planning Commission. The Planning Commission shall review any request for extension and submit a recommendation to the City Council. An extension may be granted for a maximum period of one year.

The City Council shall deny a request for extension unless it finds that changes to any City Ordinances, policies, or standards that were adopted subsequent to the time of filing the vesting tentative map are not necessary to protect the public health, safety or welfare or if it finds that the extension is not beneficial to the public health, safety or welfare.

• d. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections 1 and 3 and the building permit is approved, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

1. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a vesting tentative map if the City finds the vesting tentative map to be inconsistent with the zoning of the property, or proposed zoning ordinance which is being processed concurrently with the vesting tentative map. If a change in the zoning

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City of Walnut Creek, CA § 10-1.1209

WALNUT CREEK CODE

§ 10-1.1211

or issuance of a planned development permit, hillside planned development permit or use permit is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding §10-1.1208.a, confer the vested right to proceed with the development in substantial compliance with the change in the zoning, P.D. or Use Permit and the map as approved.

2. The rights conferred by this section shall be for the time periods set forth in §10-1.1208.c.

Notwithstanding any provision of this article, 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 §10-1.1208.a and §10-1.1209, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

The City shall deny a vesting tentative map application if Design Review approval has not been granted for the subdivision. If the subdivider filed a complete application for Design Review approval concurrently with filing the vesting tentative map application and final action has not been taken on the Design Review application, the subdivider may request that the City defer action on the vesting tentative map application until after final action has been taken on the Design Review application, provided that the subdivider agrees to an extension of any time periods within which the City is legally required to act on the vesting tentative subdivision map application.

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City of Walnut Creek, CA

SUBDIVISIONS

§ 10-1.1301

§ 10-1.1302