Article 4 — Vesting Subdivision Maps

(a) 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 (referred to in this article as the Vesting Tentative Map Statute) and may be cited as the “Vesting Tentative Map Law”.

(b) It is the purpose of this article to establish the 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 this article, the provisions of this chapter shall apply to vesting tentative maps. (Ord. 1445, eff. August 14, 2014)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “Vesting tentative map” shall mean a “tentative map” for a residential subdivision, as defined in this chapter, which shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Section 8-1.303 of this article and is thereafter processed in accordance with the provisions of this article.

(b) All other definitions set forth in this chapter shall be applicable. (Ord. 1445, eff. August 14, 2014)

(a) This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions of this article.

(b) 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.

(c) No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific, area, or community plan or not permitted by the zoning provisions or other applicable provisions of this Code.

(d) Except as otherwise provided in subdivision (f) of this section, a vesting map may not be filed concurrently with a general plan amendment nor during the period a general plan amendment for the area covered by the proposed map is in process.

(e) Applications for projects which require amendments to an adopted specific, area, or community plan, or the Yolo County Zoning Code, or which require discretionary approvals pursuant to the Zoning Code, including, but not limited to, special development permits, use permits, development plan reviews, exceptions, special review of parking or variances, may not include an application for a vesting map unless all needed applications for such approvals for the project are concurrently filed with the vesting map. Vesting maps may not be approved with the condition that needed plan amendments, zoning and discretionary approvals be subsequently secured.

(f) Notwithstanding any other provision of this Code, an application for a vesting map may be filed concurrently with an application to amend the Yolo County general plan provided that the area covered by the vesting map is included in the area covered by the application to amend the general plan and is also included in either a concurrently filed or previously filed and pending application for a specific plan, area or community plan.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)

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 Article 3 of this chapter for a tentative map, except the requirements for filing a vesting map shall also include:

(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, the subdivider shall also supply the following information in addition to the information required by Section 8-1.306(d):

(1) A preliminary grading plan which shows existing topography at a contour interval sufficient to show the general slope of the property and shows the proposed elevations of roads at one hundred (100) foot stations, proposed building pad elevations, and all lot corners around the periphery of the project. The preliminary grading plan shall be prepared to a one (1) foot plus or minus tolerance.

(2) A tree preservation plan which shall accurately identify all existing trees as to species, trunk size and dripline. Trees that are proposed for removal shall be marked “TO BE REMOVED.” Any provisions for tree preservation, mitigation, transplanting, or new plantings shall be identified.

(3) A preliminary site plan showing building locations and exterior features on each lot and indicating square footage of the lot areas. For single family detached and zero lot line projects, the site plan may consist of a lotting plan with typical building envelopes. Such plan shall indicate all building setbacks, building heights, number of stories, driveway locations, landscaped areas, and other improvements as the developer proposes to install.

(4) Sewer, water, storm drain, and road details and the proposed improvements on and off the development site necessary to meet the infrastructure and other requirements of the County General Plan, any applicable specific plan, and the County Improvement Standards.

(5) In those circumstances where the project requires concurrent discretionary approval as set forth in Section 8- 1.403I and (f), all exhibits necessary for such application shall be submitted concurrently with the application for a vesting map.

(6) Such other exhibits that fully depict features of the development which the developer desires review for the purpose of approval concurrently with the vesting map.

(Ord. 1445, eff. August 14, 2014)

(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 Section 66474.2 of

the Subdivision Map Act. However, if said Section 66474.2 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) This article does not enlarge, diminish, or alter the power of the Board of Supervisors to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any State or Federal laws, regulations, or policies.

(c) Notwithstanding subsection (a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is 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; or

(2) The condition or denial is required in order to comply with State or Federal laws.

(d) The rights conferred by this section shall be for the time periods set forth in Section 8-1.406, below. (Ord. 1445, eff. August 14, 2014)

(a) 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.

(b) If the final map is approved, such rights shall last for the following periods of time:

(1) An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, such initial time period shall begin for each phase when the final map for such phase is recorded.

(2) The initial time period set forth in subsection (1) of this section shall be automatically extended by any time used for processing a completed application for a grading permit or for design or architectural review if such processing exceeds thirty (30) days after the date a complete application is filed.

(3) A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in subsection (1) of this section expires. If the extension is denied, the subdivider may appeal such denial to the Board within fifteen (15) days.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (1) through (3) of this section, the rights referred to in this section shall continue until the expiration of such permit or any extension of such permit.

(Ord. 1445, eff. August 14, 2014)

Notwithstanding any provision of this article, a property owner, or designee, may seek approvals or permits for development which depart from sections of the ordinances, policies, and standards described in subsection (a) of Section 8-1.405(a) of this article, and local agencies may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.

(Ord. 1445, eff. August 14, 2014)