Chapter 16.04
VESTING TENTATIVE MAPS
Sections:
16.04.010 Authority and purpose.
16.04.050 Filing and processing.
16.04.070 Rights of a vesting tentative map.
16.04.080 Amendment to approved vesting tentative map.
16.04.090 Applications inconsistent with current policies.
16.04.010 Authority and purpose.
A. This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of the Subdivision Map Act (hereinafter referred to as the Vesting Tentative Map Statute) and may be cited as the city of Winters vesting tentative map ordinance. The purpose of this chapter is to establish appropriate local procedures for the implementation of the vesting tentative map ordinance.
B. To accomplish this purpose, the regulations contained in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare and for the promotion of orderly growth and development. (Ord. 2009-08 § 2 (part))
16.04.020 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 applicable specific plan of the city or which is not permitted by the provisions of this code. (Ord. 2009-08 § 2 (part))
16.04.030 Definitions.
“Vesting tentative map” means a tentative map for a subdivision that shall have printed conspicuously on its face the words “VESTING TENTATIVE MAP” at the time it is filed in accordance with Section 16.04.050 and is thereafter processed in accordance with the provisions hereof. (Ord. 2009-08 § 2 (part))
16.04.040 Application.
A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with provisions of this chapter.
B. If a subdivider does not seek the rights conferred by the vesting tentative map ordinance, 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. 2009-08 § 2 (part))
16.04.050 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 for a tentative map pursuant to Chapter 16.01 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. The filing of a vesting tentative map may be conditioned upon the prior or simultaneous discretionary land use approvals. (Ord. 2009-08 § 2 (part))
16.04.060 Fees.
A. Upon filing a vesting tentative map, the subdivider shall pay all fees and/or deposits in accordance with Section 16.01.140.
B. The planning commission or city council, as the case may be, may require as a condition of its approval that the subdivider pay all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit. Such payment shall be made at the rate for such fees in effect at the time of such application or issuance. (Ord. 2009-08 § 2 (part))
16.04.070 Rights of a 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 in effect at the date the local agency has determined that the application is complete. However, if 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. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be conditioned 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 in Section 16.01.120. If the final map is approved, these rights shall last for the following periods of time:
1. An initial period of one year beyond the recording of the final map or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period shall begin for each phase when the final map for the phase is recorded;
2. The one-year initial 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, if one is required, or for any required design or architectural review, if such processing exceeds thirty (30) 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 initial time period set forth in subsection (C)(1) of this section expires; and
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.
D. Consistent with subsection A of this section, an approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development. (Ord. 2009-08 § 2 (part))
16.04.080 Amendment to approved vesting tentative map.
If the ordinances, policies, or standards described in Section 16.04.070(A) are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her designee, at any time prior to the expiration of the vesting tentative map pursuant to Section 16.04.070(C), may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application for an amendment shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought. (Ord. 2009-08 § 2 (part))
16.04.090 Applications inconsistent with current policies.
Notwithstanding any provision of this chapter to the contrary, 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 Section 16.04.080, and the city may grant these approvals or issue these permits to the extent the departures are authorized by this code, the general plan, any applicable specific plan and other applicable law. (Ord. 2009-08 § 2 (part))