Chapter 17.22
VESTING TENTATIVE MAPS
Sections:
17.22.010 Citation and authority.
17.22.035 Filing and processing.
17.22.045 Public hearing required.
17.22.050 Expiration and extensions of time.
17.22.055 Vesting on approval of vesting tentative map.
17.22.010 Citation and authority.
This chapter 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 (hereinafter referred to as the vesting tentative map statute) and may be cited as the “vesting tentative map ordinance.” (Ord. 3-94 §1(part), 1994).
17.22.015 Purpose and intent.
It is the purpose of this chapter 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 the provisions of this chapter the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance. (Ord. 3-94 §1(part), 1994).
17.22.020 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 of its elements, the local coastal plan, and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this code or ordinance of the city. (Ord. 3-94 §1(part), 1994).
17.22.025 Definitions.
A. A “vesting tentative map” means a tentative map for a residential subdivision that has printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with this title and is thereafter processed in accordance with the provisions hereof.
B. All other definitions set forth in this title are applicable. (Ord. 3-94 §1(part), 1994).
17.22.030 Application.
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 a tentative parcel map for a residential development, a vesting tentative map may be filed instead in accordance with the provisions hereof.
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. (Ord. 3-94 §1(part), 1994).
17.22.035 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 title 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 supply the following information:
1. Detailed site plan including height, size and location of buildings;
2. Sewer, water storm drain and road details;
3. Detailed plans on the uses to which the buildings will be put, including elevations and floor plans;
4. Detailed grading plans;
5. Geological studies on landslide hazards and potential landslide hazards;
6. Flood control information, including, but not limited to, the effect of surface waters generated by the subdivision on adjoining and downstream properties.
C. Where the property to be subdivided is zoned PUD (planned unit development), no map shall be accepted for filing unless an application for a use permit and a planned unit development plan have been filed for concurrent processing. (Ord. 3-94 §1(part), 1994).
17.22.040 Fees.
Upon the filing of a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map as established by resolution of the city council. (Ord. 3-94 §1(part), 1994).
17.22.045 Public hearing required.
A. Consideration by the planning commission and city council of any tentative map shall be at a duly noticed public hearing.
B. Notice of the place, time, and date of the public hearing and a brief description of the proposed subdivision and its location shall be according to the following procedures:
1. At least ten days prior to the public hearing, notice shall be published in a newspaper of general circulation within the city of Half Moon Bay.
2. Public notice conforming to the requirements of this title shall be mailed to all property owners within 300 feet of the boundaries of the proposed subdivision.
3. A copy of the public notice shall be conspicuously posted on the site of the proposed subdivision adjacent to every public street or access way at least ten days prior to the public hearing. (Ord. 3-94 §1(part), 1994).
17.22.050 Expiration and extensions of time.
A. Except as may be provided for herein, a final map shall be submitted for processing within twenty-four months from the date of final action by the city council to approve or conditionally approve a vesting tentative map.
B. Where the city engineer determines that a subdivider is required to expend more than one hundred twenty-five thousand dollars to construct or improve public improvements outside the boundaries of the vesting tentative map that are reasonably related to the proposed development on said vesting tentative map site, a final map shall be submitted for processing within thirty-six months from the date of final action by the city council to approve or conditionally approve a vesting tentative map.
C. The city council may extend the expiration date of any vesting tentative map for not more than twelve months at any one time.
D. A maximum of two such extensions permitted by subsection C of this section may be granted.
E. All actions of the city council to extend a tentative map shall be at a duly noticed public hearing in accordance with the provisions of this title. (Ord. 3-94 §1(part), 1994).
17.22.055 Vesting on approval of vesting tentative map.
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. 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 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, or both;
2. The condition or denial is required, in order 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 for in this title. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year from the date of recording the final map. Where 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 period set forth in subsection (C)(1) 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 days from the date a complete application is filed;
3. A subdivider may apply to the city council for a one-year extension at any time before the expiration of the initial time period set forth in subsection (C)(1) of this section;
4. If the subdivider submits a complete 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. (Ord. 3-94 §1(part), 1994).