Windsor Municipal Code Art. 12 Vesting Tentative Maps

This Article 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 (hereafter "Vesting Tentative Map Statute").

(Ord. No. 2009-253, § 2, 7-15-2009)

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 apply to vesting tentative maps.

To accomplish that 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.

(Ord. No. 2009-253, § 2, 7-15-2009)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the General Plan and any applicable specific plan or that is not permitted by this Chapter or other applicable provisions of the Municipal Code.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. 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 Section 16-8-1225 and that is thereafter processed in accordance with the provisions hereof.

b. All other definitions set forth in this Chapter are applicable.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. 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.

b. 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.

(Ord. No. 2009-253, § 2, 7-15-2009)

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:

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 file and supply the following information. An application shall not be deemed complete unless accompanied by the following:

1. Boundary survey map prepared by a registered Land Surveyor.

2. 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 section, 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 so as to show clearly all details thereof;

3. Precise drainage and flood control plans, including cross-sections for all creeks, streams, channels, and the like. 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.

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

5. Precise water supply plans.

6. 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 hillside grading, any existing or proposed retaining walls, and sections at lot lines and subdivision boundaries. Contour lines shall have one-foot intervals for zero (0%) to five (5%) percent cross slope, and five-foot (maximum) intervals for over five (5%) percent cross slope. All grades and elevation shall been based on Town datum. The scale shall be sufficiently large to show the details of the plan clearly (preferable one (1) inch equals one hundred (100) feet).

7. Location, delineation and dimensions of parking spaces for each lot, unit or building in compliance with the zoning ordinance.

8. Precise location of building envelopes for proposed buildings and precise location and setbacks for existing buildings.

9. Location and approximate boundary of all proposed public areas.

10. Landscaping plans including species, can size, and irrigation and maintenance plans.

11. A soils report based upon adequate tests and prepared by a registered Civil Engineer or registered engineering geologist which addressed and resolves all questions of stability and fault setbacks.

12. A geological report based upon adequate tests and prepared by a registered Civil Engineer or registered engineering geologist which addressed and resolves all questions of stability and fault setbacks.

13. A statements form the Sonoma County Water Agency setting forth the nature, type, and extent of public infrastructure and services which will, during the life of the proposed vesting tentative and final maps be needed to serve the area in which the subdivision is to be located.

14. Unless specifically deemed unnecessary by the Town Engineer, a traffic study prepared by a registered Traffic Engineer in the format requested by the Town.

15. Where applicable, a written agreement from the Town regarding affordable housing requirements.

16. All information deemed necessary to complete an initial study of environmental significance. (Among the materials which could be required to satisfy this item are a noise study, a biological resources study, and a historical/cultural resources analysis. Other items will be required as necessary or appropriate based on location and project description).

17. Pedestrian circulation and emergency vehicle access.

18. In the case of a map creating condominiums, townhouses, multifamily housing, a planned development, or where otherwise determined applicable by the Planning Director, the following additional material shall be required, but need not be shown on the map:

(A) Proposed height, size and footprint of all buildings and precise building locations,

(B) Architectural plans for all buildings including floor plans, elevations, perspectives as necessary to illustrate design concept, color and materials samples and proposed signs,

(C) Precise plan of all common areas including location of sidewalks and walkways to serve all units, location of recreational and other common usage facilities, and an exterior lighting plan,

(D) Precise plans of all individual lots including location of patios, fences and walkways,

(E) Precise plans of all garages, carports, parking spaces and loading spaces as well as plans of any areas of common trash collection facilities and/or gang-type mailboxes,

(F) Summary statement on net and gross densities, areas of public and private open space, coverage of land by structures, number and type of units, uses to which the building will be put, required and proposed number of parking and loading spaces, and maintenance of all common facilities.

19. Proposed Conditions, Covenants, and Restrictions (CC&Rs) plus any other agreements or legal instruments required based upon the proposed design of the subdivision.

20. When required by the Planning Director, an economic analysis, including analysis of the market for the subdivision.

21. Such additional information as may be required by the Planning Director.

(Ord. No. 2009-253, § 2, 7-15-2009)

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.

(Ord. No. 2009-253, § 2, 7-15-2009)

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, which generally marks the point of vesting at the time that the Town determines that the vesting tentative map application is complete. The nature of a subdivider's vested rights shall depend on the content of the applicable ordinances, policies, and standards themselves.

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 in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

b. Notwithstanding subdivision (a), 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 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 16-8-1230. If the final map is approved, the rights shall last for the following periods of time:

1. An initial time period of one (1) year after recording. If several final maps are recorded on various phases of a project covered by a single vesting tentative map, the 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 Section 16-8-1230, or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded.

2. The initial time period set forth above in subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit, 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 of the rights described herein at any time before the initial time period set forth in subsection (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 an extension may be granted for a maximum period of one (1) year. A Planning Commission denial of an extension request may be appealed to the Town Council within fifteen (15) days. The Planning Commission shall deny a request for extension, unless it finds that changes to any Town 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.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (a) and (c), 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.

5. A failure to comply with the time limits or periods as specified in subsections (c)(1) through (c)(4) above shall result in a loss of rights conferred by final map approval.

d. In addition to conditions otherwise allowed by statute, ordinance, plan or the Town' police power, vesting tentative maps may also be subject to a condition which identifies the nature, type, and extent of public infrastructure or services which will be needed to serve the proposed subdivision and surrounding area during the projected life of the vesting tentative and final maps and which requires that the precise amount of the subdivider's contribution toward those types of infrastructure and services shall be calculated by the applicable Town department and paid at the time that building permits are issued.

(Ord. No. 2009-253, § 2, 7-15-2009)

Should a subdivider file a vesting tentative map for a subdivision the intended development of which is inconsistent with the then-existing zoning on the property, that inconsistency shall be noted on the tentative map. The decisionmaker shall deny approval of the proposed vesting tentative map, if at the time the decisionmaker considers the proposed map, the zoning on the property is still inconsistent with the intended development. If, however, a rezoning is requested concurrently with consideration of a vested tentative map, the vesting tentative map approval shall be conditional upon successful rezoning of the property. Any concurrent rezoning decision to accommodate the vesting tentative map is subject to referendum, in which case the approval or denial of the vesting tentative map is subject to the outcome of the referendum.

(Ord. No. 2009-253, § 2, 7-15-2009)

If the subdivider seeks to modify an approved or conditionally approved vesting tentative map, such modification may be granted at the discretion of the decisionmaker, following a noticed public hearing. The application for modification shall be processed and reviewed in the same manner as a tentative map. The decisionmaker may impose additional conditions on such maps. An such modifications shall not extend the life of the vesting tentative map or any rights created thereby.

(Ord. No. 2009-253, § 2, 7-15-2009)

No approval or conditional approval of a vesting tentative map creating any of the developments described in Section 16-8-1225(b)(18) shall be given prior to final Site Plan and Design Review approval having been previously or concurrently granted.

(Ord. No. 2009-253, § 2, 7-15-2009)