Wasco Municipal Code Ch. 16.26 Vesting Tentative Maps

Sections: 16.26.010 Authority. 16.26.020 Purpose and intent. 16.26.030 Consistency with zoning and general plan. 16.26.040 Application. 16.26.050 Filing and processing. 16.26.060 Fees. 16.26.070 Expiration. 16.26.080 Vesting on approval of vesting tentative map. 16.26.090 Development inconsistent with zoning. 16.26.100 Applications inconsistent with current policies.

• Prior ordinance history: Ord. 474.

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1 of Division 2 of Title 7 of the Government Code of the state of California--Subdivision Map Act) and is intended to implement the provisions of this chapter. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

It is the purpose and intent of this chapter 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 title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to maps considered under this chapter.

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. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map or the design or improvement of the proposed development is not consistent with the applicable general, specific or master plans or with the applicable provisions of Title 17 or any other applicable ordinances. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

Whenever a provision of the 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 herein. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

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. Height, size, location and uses of all existing and proposed buildings;

2. Existing and proposed sewer, water, storm drain and road details;

3. Detailed grading plans, including geologic and soils information;

4. Flood control information, or engineer’s drainage study, as required and approved by the city engineer;

5. Plans, which shall include but not be limited to: type of roofs, building materials, fences and walls,
building elevations, landscaping and irrigation plans, parking areas and proposed driveways, signs and other
such improvements as may be required for architectural or design review;

6. Dimensions depicting front, side and rear yard setbacks; areas of paving and landscaping, porches, decks
and fencing;

7. A traffic study approved by the city engineer, unless otherwise waived by the city engineer;

8. If the proposed use or intensity of development is not permitted in the existing zoning district, a
completed application for rezoning the property and, if inconsistency between the proposed rezoning and
existing general plan would result, a completed application to amend the land use classification of the general
plan;

9. Location of easements that affect the property and identification of other pertinent legal features;

10. A fiscal impact report analyzing the projected impacts the development will have on public facilities and
services;

11. Detailed environmental information sufficient to permit assessment of all environmental effects of the
project including cumulative and long-term efforts. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

Upon filing a vested tentative map, the subdivider shall pay the fees required by city council resolution. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

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 an approval or conditional approval of a tentative map. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with residential development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed the approval 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 or vesting tentative parcel map was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the city council.

B. Notwithstanding subsection A of this section, a permit or entitlement for development may be conditionally approved or denied if at the time of the issuance of the permit approval or entitlement it is determined by the issuing authority or the city council on appeal that:

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; or

2. The conditional approval or denial is required in order to comply with state or federal law.

C. The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if:

1. A final map or parcel map is not approved prior to the expiration of the vesting tentative map or the vesting tentative parcel map;

2. The applicant has requested and the city has approved a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved.

D. Upon the filing of a final map or parcel map for a vesting tentative map or vesting tentative parcel map, the rights conferred by subsection A of this section shall continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map, this period shall begin for each phase when the final map or parcel map for that phase is recorded.

E. A subdivider may apply to the city council for a one-year extension of the rights conferred by subsection D of this section at any time before the time period set forth in subsection D of this section expires. An extension may be granted only if the council finds that the map still complies with the requirements of this title. The city council may approve, conditionally approve or deny an extension in its sole discretion.

F. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections D and E of this section, the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.

G. Upon the expiration of the time limits specified in subsection A, D, E or F of this section, all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

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, 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, obtaining 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 Section 16.26.080(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).

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 Sections 16.26.080(A) and 16.26.090, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).