Chapter 11.42 — VESTING TENTATIVE MAPS

It is the purpose of this Chapter to establish procedures necessary for the implementation of Section 66498.1 of the Subdivision Map Act, and to supplement the provisions of the Subdivision Map Act and this division regarding vesting tentative maps.

(Ord. No. 1624)

(a)

Vesting tentative map—Right to file.

(1)

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

(2)

If a subdivider does not seek the rights conferred by a vesting tentative map, 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.

(b)

General plan consistency. 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.

(c)

Development code consistency. No land shall be subdivided and developed pursuant to a vesting tentative map in such a way that is not permitted by the Development Code (this Code), except as provided in Subsection 11.42.030(d), Development Inconsistent with Zoning, of this Chapter, or as authorized by a variance, waiver, or other permit under this Code.

(d)

Subdivision ordinance applicability. Except as otherwise set forth in the provisions of this Chapter, the provisions of the Subdivision Ordinance (this division) shall apply to vesting tentative maps.

(Ord. No. 1624)

(a)

Filing and processing. 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 division for a tentative map except as hereinafter provided. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map" and be accompanied by the following information:

(1)

Height, size and location of building(s).

(2)

Provide information on the proposed use of the building(s).

(3)

Sewer, water, storm drain and road details.

(4)

Detailed grading plans.

(5)

Geological studies.

(6)

Flood control information as required by the Department of Public Works.

(7)

Architectural plans as required by the Planning Department.

(8)

Any other studies deemed required by the Planning Department.

(b)

Other discretionary approvals. A subdivider shall obtain all discretionary approvals that will be required under this Code in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development including, but not limited to, general plan amendments, zoning changes, conditional use permits, variances, and design review. An application for a vesting tentative map shall be determined to be incomplete if other required discretionary permit applications have not been submitted at the same time.

(c)

Fees and charges.

(1)

Upon filing a vesting tentative map, the subdivider shall pay fees and charges required by ordinance or resolution for the filing and processing of a tentative subdivision map, or tentative parcel map, according to the type of subdivision.

(2)

Subject to the terms and conditions of any development agreement between the County and subdivider, the amount of any fee or charge imposed by the County as a condition of approval of a vesting tentative map shall be the amount of such fee or charge in effect at the time the fee or charge is required to be paid, and shall not be the amount of such fee or charge in effect on the date of vesting of the vesting tentative map.

(3)

The provisions of Subsection (2) above shall be made a condition of approval of each vesting tentative map.

(d)

Development inconsistent with zoning (effect of inconsistent zoning on vesting tentative maps). Whenever a subdivider files a vesting tentative map for a subdivision whose proposed development is inconsistent with this Code in existence at the time of filing, such inconsistency shall be noted on the map. The County may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the

necessary amendment to the Development Code to eliminate the inconsistency. If the amendment to the Development Code is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the Development Code and the vesting tentative map, as approved.

(Ord. No. 1624)

(a)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect at the date the application is deemed to be complete, or according to the provisions of Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall convert a vested right to proceed with development in substantial compliance with the ordinances, polices and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(b)

Notwithstanding Subsection (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.

(2)

The condition or denial is required in order to comply with both State and 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 11.42.050, Expiration. If the final map 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 set forth above shall be automatically extended by any time used by the County for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 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 expires. If the extension is denied, the subdivider may appeal that denial to the Board of Supervisors within 15 days.

(4)

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

(Ord. No. 1624)

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 division for the expiration of the approval or conditional approval of a tentative subdivision map or tentative parcel map, respectively.

(Ord. No. 1624)

CHAPTER 11.43 - REVERSIONS, MERGERS, RESUBDIVISIONS, AND LOT LINE ADJUSTMENTS