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The preparation, filing, processing, and approval or disapproval of a Vesting Tentative Map shall comply with Map Act §§ 66452 and 66498.1 et seq. and the provisions of this Section.
(a) Filing Criteria for Vesting Tentative Maps.
(1) Whenever a provision of the Map Act, as implemented and supplemented by this Division, requires the filing of a Tentative or Parcel Map for a residential development, a Vesting Tentative Map may be filed instead in compliance with this Section.
(2) 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 permit for construction, or work preparatory to construction.
(b) Content of Application. The content and form of Vesting Tentative Maps shall be governed by the provisions of this Subdivision.
(1) At the time a Vesting Tentative Map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
(2) A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data, and reports as identified in § 87.02.020 (Tentative Map Preparation, Application Contents), except as specified in this Section.
(c) Procedures. The following provisions shall govern the filing, processing, and review of Vesting Tentative Maps.
(A) Before filing a Vesting Tentative Map, the subdivider shall have a pre-application conference with the Development Review Committee (DRC) to determine if any additional information should be filed with the Vesting Tentative Map application. The applicant shall submit to the DRC before the pre-application conference all information that is required of a Tentative Map application. This information will be reviewed by the DRC and additional information may be required by the Committee to be submitted with the Vesting Tentative Map application. Preliminary environmental review of the proposed project shall be completed before the pre-application conference.
(B) The minutes of the pre-application conference shall dictate the filing requirements for the Vesting Tentative Map, and shall accompany the filing of the map. The information required by the DRC for formal submittal of the proposed project may include the following:
(I) Drainage plan for control of on- and off-site storm runoff, channels, water courses, existing culverts, and drainpipes including existing and proposed facilities for the control of storm waters, data as to the amount of runoff and the approximate grade, and dimensions of proposed facilities for the control of storm waters.
(II) Building envelopes.
(III) Proposed land use and types of all structures.
(IV) Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the County to determine future circulation needs.
(V) Detailed grading plans.
(VI) Geological studies.
(VII) Any information required by the DRC shall be clearly detailed and listed with an anticipated review period so that it can be acted upon within a reasonable time. The agency or department which requires any additional information shall approve the acceptability of this information from the applicant before the filing of the Vesting Tentative Map.
(VIII) The DRC may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the Vesting Tentative Map.
(C) An approving action on a Vesting Tentative Map shall not occur before the effective date of approval of the associated discretionary permit(s) or action(s).
(D) Upon filing a Vesting Tentative Map, the subdivider shall pay the fees required in compliance with the County Fee Ordinance for the filing and processing of a Vesting Tentative Map.
(E) 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 Map in compliance with § 87.02.120 (Tentative Map Time Limits and Expiration).
(F) At any time before the expiration of a Vesting Tentative Map, the subdivider may apply for an amendment to the Vesting Tentative Map in compliance with § 87.02.090 (Changes to Approved Tentative Map or Conditions). No application for amendment shall be required when the review authority first finds that the amendment is a minor modification that is in substantial compliance with the original approval and no new conditions of approval are required.
(G) For a subdivision whose intended development is inconsistent with the land use zoning district or any applicable community or specific plan in existence at that time, that inconsistency shall be noted on the map. The review authority may disapprove a Vesting Tentative Map or approve it conditioned on the subdivider first obtaining the necessary change in the land use zoning district or applicable community or specific plan to eliminate the inconsistency. If the change in the pertinent ordinance is obtained, the approved or conditionally approved Vesting Tentative Map shall confer the right to proceed with the development as approved or conditionally approved.
(H) Fees for development permits (e.g., Building and Grading Permits) filed in compliance with an approved Vesting Tentative Map or a recorded Vesting Final/Parcel Map shall be the fees in effect at the time of issuance of the permit.
(d) Development Rights of Vesting Tentative Maps.
(1) When the review authority approves or conditionally approves a Vesting Tentative Map, that approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect on the date the application for the subdivision has been determined to be complete in compliance with Map Act § 66474.2. If § 66474.2 is repealed, that approval 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.
(2) Notwithstanding Subdivision (1), above, the review authority may condition or disapprove a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:
(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 disapproval is required in order to comply with State or Federal law.
(3) The review authority may alter any condition of a Vesting Tentative Map through an amendment in compliance with § 87.02.090 (Changes to Approved Tentative Map or Conditions) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.
(4) The rights conferred by this Section shall expire if a Final or Parcel Map is not recorded before the expiration of the Vesting Tentative Map in compliance with § 87.02.120 (Tentative Map Time Limits and Expiration). If the Final or Parcel Map is recorded, these rights shall last for the following periods of time:
(A) An initial time period of 12 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 identified in Subdivision (A), above shall be automatically extended by any time used for processing a complete application for a Grading Permit or for design or architectural review, if processing exceeds 30 days from the date a complete application is filed.
(C) A subdivider may apply for one 12-month extension at any time before the initial time period identified in Subdivision (A), above, expires. If the extension is disapproved, the subdivider may appeal that disapproval to the Board in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5 within 15 days.
(D) If the subdivider submits a complete application for a Building Permit during the periods of time specified in this Subdivision, the rights referred to in this Subdivision shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 4011, passed - -2007)