[Ord. No. 1034, § 1.]
This article is enacted pursuant to the authority granted by
Chapter 4.5 of Division 2 of Title 7 of Government Code of the State
of California (hereinafter referred to as the Vesting Tentative Map
Statute), and may be cited as the Vesting Tentative Map Ordinance.
[Ord. No. 1034, § 1.]
It is the purpose of this article 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
article, the provisions of the Subdivision Ordinance shall apply to
the Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations outlined in this
article are determined to be necessary for the preservation of public
health, safety and general welfare, and for the promotion of orderly
growth and development.
[Ord. No. 1034, § 1.]
No land shall be subdivided and developed pursuant to a vesting
tentative map for any purpose which is not consistent with the general
plan and any applicable specific plan, and this Code.
[Ord. No. 1034, § 1.]
(a)
This article shall apply to residential, commercial and industrial
developments. Whenever a provision of the Subdivision Map Act, as
implemented and supplemented by the Oakdale Subdivision Ordinance,
requires the filing of a tentative map or tentative parcel map for
a vesting tentative map may instead be filed, 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. No. 1034, § 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 chapter for a tentative
map except as hereinafter provided:
(a)
Upon filing a vesting tentative map, the subdivider shall pay all
fees and/or deposits required by city council resolution establishing
applicable fees for the filing and processing of a tentative map.
[Ord. No. 1034, § 1.]
[Ord. No. 1034, § 1.]
The approval or conditional approval of a vesting tentative
map shall expire within the same time frame, and shall be subject
to the same extensions, established for a tentative map.
[Ord. No. 1034, § 1.]
(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 time
the vesting tentative map is approved or conditionally approved.
(b)
(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 this chapter. If the final map is approved, these rights shall
last for the following periods of time:
(1)
An initial time period of two years. Where several final maps
are recorded or 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), paragraph
(1) 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 for a one year extension at any time
before the initial time period set forth in subsection (c), paragraph
(1) expires. The planning commission may grant a total of three, twelve
month extensions. If the extension is denied, the subdivider may appeal
the action in accordance with the provisions set forth in this chapter.
(4)
If the subdivider submits a complete application for a building
permit during the periods of time specified in paragraphs (1) through
(3), the rights referred to herein shall continue until the expiration
of that permit, or any extension of that permit.
(d)
Any time prior to the expiration of the vesting tentative map, the
subdivider may apply for an amendment to the vesting tentative map.
A request for amendment shall include review of the entire map under
the ordinance, fees, policies, and standards in effect at the time
of the requested amendment.
[Ord. No. 1034, § 1.]
(a)
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 d 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 the provisions
contained within this article, confer the vested right to proceed
with the development in substantial compliance with the change in
the Zoning Ordinance and the map, as approved.
(b)
The rights conferred by this section shall be for the time periods
set forth in this article.
