CHAPTER 13.56
VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS
SECTION:
13.56.010: Citation And Authority
13.56.050: Application Of Provisions
13.56.010 CITATION AND AUTHORITY:
This chapter is enacted pursuant to the authority granted by California Government Code section 66498.1 (hereinafter referred to as the vesting tentative map statute), and may be cited as the VESTING TENTATIVE MAP ORDINANCE. (1972 Code § 16-A.04.010)
13.56.020 PURPOSE AND INTENT:
It is the purpose of this title to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the subdivision map act and the subdivision ordinance. Except as otherwise set forth in this title, the provisions of the subdivision ordinance shall apply to this title. The city council finds and determines that the regulations outlined in this title are necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. (1972 Code § 16-A.04.020)
13.56.030 CONSISTENCY:
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan, or any applicable specific plan, or which is not permitted by the zoning ordinance or other applicable provisions of this code. (1972 Code § 16-A.04.030)
13.56.040 DEFINITIONS:
For the purposes of this chapter, the following words and phrases shall have the meanings given in this section; and all other definitions set forth in this title are applicable to this chapter:1
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CITY: |
The city of Gonzales. |
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CITY COUNCIL: |
The city council of the city. |
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GENERAL PLAN: |
The general plan of the city. |
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SPECIFIC PLAN: |
A plan authorized under the provisions of California Government Code section 65450. |
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SUBDIVISION MAP ACT: |
The state subdivision map act set forth in California Government Code section 66410 et seq. |
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SUBDIVISION ORDINANCE: |
The subdivision ordinance of the city, codified in this title. |
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VESTING TENTATIVE MAP: |
A tentative map for a residential subdivision, as defined in this title, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with subsection 13.56.060A of this chapter, and is thereafter processed in accordance with the provisions of this chapter. For purposes of this chapter, references to "tentative map", include tentative parcel map, and references to "final map" include parcel maps. |
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ZONING ORDINANCE: |
The zoning ordinance of the city, codified as title 12 of this code. (1972 Code § 16-A.04.040) |
13.56.050 APPLICATION OF PROVISIONS:
A. This chapter shall apply only to residential developments. Whenever a provision of the subdivision map act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.
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. (1972 Code § 16-A.04.050)
13.56.060 PROCEDURES:
A. Filing And Processing:
1. 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 in this chapter otherwise provided.
2. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map".
3. At the time a vesting tentative map is filed, the subdivider shall supply the data and information required by this title for the filing of a tentative map. (1972 Code § 16-A.08.010)
B. Fees: Upon filing a vesting tentative map, the subdivider shall pay the fees required by city council resolution for the filing and processing of a tentative map. (1972 Code § 16-A.08.020)
C. Reimbursement Of Expenses: In addition to the basic processing fee specified in subsection B of this section, an applicant for subdivision approval under this chapter shall reimburse the city for all expenses incurred by it in connection with the project, including, but not limited to, payments for engineering, planning, legal, consulting, and other similar services, and such reimbursement shall be a condition of approval of the tentative or parcel map for the project. At the time the application is filed, the applicant shall execute a written agreement, in form satisfactory to the city, providing for such reimbursement and for an advance deposit of funds to be held by the city and applied to the payment of such costs and expenses as the same are incurred. (1972 Code § 16-A.08.025)
D. Expiration: 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 the approval or conditional approval of a tentative map, but shall be subject to subsequent amendments to city standards, fees, rates or other amendments as required or approved by the city council or for public health and safety. (1972 Code § 16-A.08.030; amd. 2003 Code)
13.56.070 DEVELOPMENT RIGHTS:
A. Vesting On Approval Of Map:
1. 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 California Government Code section 66474.2. Should California Government Code section 66474.2 be 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, unless there is a revision of the city standards; provided, that with regard to the payment of a particular type of fee (e.g., school impact fees, in lieu recreation fees, water and sewer fees, etc.), the map approval may contain a condition that the amount of the fee is to be determined as of the date of issuance of a building permit. (1972 Code § 16-A.12.010; amd. 2003 Code)
2. Notwithstanding subsection A1 of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
a. 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;
b. The condition or denial is required, in order to comply with state or federal law. (1972 Code § 16-A.12.010)
c. The city has revised standards. (2003 Code)
3. 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 subsection 13.56.060D of this chapter. If the final map is approved, these rights shall last for the following periods of time:
a. An initial time period of eighteen (18) months. 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.
b. The initial time period specified in subsection A3a of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.
c. A subdivider may apply for a one year extension at any time before the initial time period specified in subsection A3a of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days, in writing.
d. If the subdivider submits a complete application for a building permit during the periods of time specified in subsection A3a, A3b and A3c of this section, the rights referred to in this section shall continue until the expiration of that permit, or any extension of that permit. (1972 Code § 16-A.12.010)
B. Development Inconsistent With Zoning; Conditional Approval:
1. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may 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 subsection A1 of this section, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
2. The rights conferred by this section shall be for the time periods set forth in subsection A3 of this section. (1972 Code § 16-A.12.020)
C. Applications Inconsistent With Current Policies: 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 subsections A1 and B of this section, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (1972 Code § 16-A.12.030)
See section 13.04.020 of this title.