Chapter 17.40
VESTING TENTATIVE MAPS
Sections:
17.40.010 Purpose of provisions.
17.40.030 Application of chapter provisions.
17.40.040 Consistency with zoning and other city regulations.
17.40.050 Filing and processing specifications.
17.40.060 Fees for processing and other services.
17.40.070 Expiration of approved maps.
17.40.080 Development rights conferred when—Expiration and extensions.
17.40.090 Processing procedures—Conditions—Modifications.
17.40.010 Purpose of provisions.
This chapter is enacted for the purpose of providing administrative procedures for the implementation of the vesting tentative map provisions of the Subdivision Map Act and to supplement the provisions of the Subdivision Map Act as they relate to vesting tentative maps. To accomplish this purpose, the adoption of the ordinance codified in this chapter is determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except as otherwise set forth in the provisions of this chapter, the provisions of the Subdivision Ordinance shall apply to the processing of vesting tentative maps. (Ord. 435-89 § 17.01, 1989)
17.40.020 Definitions.
When used in this chapter, the following terms shall have the following meanings:
A. “Vesting tentative map” means a tentative map for a residential subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” and thereafter be processed in accordance with the provisions of this title.
B. All other definitions set forth in Chapter 17.08 of this title are applicable. (Ord. 435-89 § 17.02, 1989)
17.40.030 Application of chapter provisions.
A. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may be instead filed.
B. This chapter provides an alternative procedure for the filing of maps for residential subdivisions. Nothing contained in this chapter shall limit a subdivider’s right to file a regular tentative or parcel map pursuant to the provisions of Chapters 17.36 or 17.48. (Ord. 435-89 § 17.03, 1989)
17.40.040 Consistency with zoning and other city regulations.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or applicable specific plan or the city Zoning or Subdivision Ordinances. (Ord. 435-89 § 17.04, 1989)
17.40.050 Filing and processing specifications.
A vesting tentative map and vesting tentative parcel map shall be filed in the same form and have the contents, accompanying data and reports, and shall be processed in the same manner as maps filed under Chapters 17.36 and 17.48, except as herein provided:
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map” or “Vesting Tentative Parcel Map”;
B. In addition to requirements of Chapters 17.36 and 17.48, applications for tentative maps shall be accompanied by the following additional approvals, data, reports and material. An application shall not be deemed complete unless the application is accompanied by the following:
1. Detailed improvement plans for roads, including, where applicable, curb, gutter and sidewalk reviewed and approved by the city public works department;
2. Detailed grading plans for building sites reviewed and approved by the city building inspection department and public works department;
3. Detailed plans for sewer systems or connections and water systems or connections reviewed and approved by the city department of public works;
4. Detailed plans for drainage reviewed and approved by the city public works department;
5. Design and architectural plans for structures, landscaping plans, and irrigation plans reviewed and approved by the design review committee where subdivisions are in planned community or planned development districts;
6. Proposed covenants, conditions and restrictions reviewed and approved by the department of planning where applicable;
7. Where applicable, a written agreement from the Sonoma County Housing Authority allocating housing to low- and moderate-income persons;
8. Where applicable, geologic studies prepared by a registered geologist or registered engineering geologist;
9. A statement from the city departments of public works and planning 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. Such statement shall be delivered to the subdivider at the same time as the applicable approval is given by the department in accordance with subsections (B)(1), (3) and (4) of this section. (Ord. 435-89 § 17.05, 1989)
17.40.060 Fees for processing and other services.
Upon filing an application for a vesting tentative map, the subdivider shall pay a fee to cover the cost of processing the application and related documents, maps, plans and drawings. Such fee may be established by resolution of the city council. The city council may also establish by resolution fees necessary to cover the cost of obtaining city approvals which are required as part of the application for a vesting tentative map as set forth in Section 17.40.050. (Ord. 435-89 § 17.06, 1989)
17.40.070 Expiration of approved maps.
The approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall expire at the end of the same time period, and shall be subject to the same time extensions established by this chapter for tentative maps and parcel maps. (Ord. 435-89 § 17.07, 1989)
17.40.080 Development rights conferred when—Expiration and extensions.
A. The approval or conditional approval of a vesting tentative map or vesting tentative parcel 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.
B. Notwithstanding subsection A of this section, 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 state or federal statutes, regulations or case 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. If the final map is approved, the development rights conferred herein shall last for the following periods of time:
1. An initial time period of twenty-four months. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the time limit shall begin for each phase when the final map for that phase is recorded.
2. The initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used for processing a completed application for a grading permit if such processing exceeds thirty 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 in subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial within fifteen days. A decision to grant or deny an application or extension shall be within the sole discretion of the advisory agency.
4. If the subdivider submits a completed application for a building permit during the periods of time specified in subsections (C)(1) through (3) of this section, 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 as specified in subsections (C)(1) through (C)(4) of this section shall result in a loss of rights conferred by final map approval. (Ord. 435-89 § 17.08, 1989)
17.40.090 Processing procedures—Conditions—Modifications.
A. Applications for vesting tentative maps may be processed concurrently with any necessary rezoning.
B. In addition to conditions otherwise allowed by statute, ordinance, plan or the city’s 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 city department and paid at the time that building permits are issued.
C. If the subdivider seeks to modify a vesting tentative or final map, such modification may be granted at the discretion of the advisory agency which approved the map, and be granted only after public notice and hearing. If the advisory agency approves the requested modification or any portion thereof, the advisory agency may impose additional conditions on such maps. Any such modification shall not extend the life of the vesting tentative map or final map or any rights created thereby. (Ord. 435-89 § 17.09, 1989)