This chapter establishes a local procedure to implement provisions of the Subdivision Map Act for vesting tentative maps or vesting tentative parcel maps commencing with Section 66498.1 which addresses the development rights conferred upon the approval or conditional approval of "vesting tentative maps," as required by Section 66498.8 of the Subdivision Map Act. For purposes of this chapter, any reference to a vesting tentative map also includes vesting tentative parcel map and any reference to an approved vesting tentative map also includes an approved vesting tentative parcel map, unless otherwise provided in this chapter or in the Subdivision Map Act.
To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public's health, safety and general welfare and for the promotion of orderly growth and development in the community.
(Ord. 539 § 1, 2011)
No land shall be subdivided or developed pursuant to a vesting tentative map for any purpose which is inconsistent with the City of Live Oak General Plan and any applicable specific plan or that is not permitted by the City of Live Oak Zoning Regulations, Citywide Design Guidelines, Improvement Standards or other applicable provisions of the City codes or standards.
(Ord. 539 § 1, 2011)
A. 
Whenever the Subdivision Map Act and this title require the filing of a tentative map for residential or nonresidential 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 this vesting tentative map statute, the filing of a vesting tentative map is not a prerequisite to any tentative map approval, permit for construction or work preparatory to construction.
(Ord. 539 § 1, 2011)
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 with the same fees as set forth in this title for a tentative map (Chapters 16.12 and 16.14), except as follows.
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, the applicant shall also provide the following information regarding the project. An application shall not be deemed complete unless accompanied by all of the following:
1. 
Boundary Survey. Boundary survey map prepared by a registered civil engineer or licensed land surveyor;
2. 
Improvement Plans. Detailed improvement plans for all roads in the subdivision including the location, names, exact widths, curve radii and grades, typical sections and an indication as to whether the street will be public or private. Details of curbs, gutters, sidewalks, street lighting and other improvements shall be shown and shall be of such scale as to clearly show all details thereof;
3. 
Drainage Plans. Precise drainage plans including any needed offsite drainage improvements;
4. 
Water and Sewer. Precise sizes and locations of all water lines and sanitary sewer lines and related improvements, including any needed off-site improvements;
5. 
Grading Plans. Final grading plans showing existing and proposed grades. Contours shall have one foot intervals. All grades and elevations shall be based on datum and benchmark data provided by the City Engineer. The scale shall be sufficiently large to clearly show the details of the plan;
6. 
Public Areas. Location and boundary lines of all public areas;
7. 
Landscaping Plans. Landscaping plans for any public areas to be landscaped as part of the project (landscape strips, parks, etc.). The landscape plans shall include plant species and size, and irrigation and maintenance plans;
8. 
Soils Report. A soils report prepared in accordance with Section 16.24.060 which demonstrates that the proposed site grading and street structural section conform to City standards, and that foundations are in accordance with building code requirements and all other City standards;
9. 
Utilities Plan. Provisions for utilities including electrical, natural gas, telephone and cable; and
10. 
Condominiums. In the case of a tentative map creating residential or commercial condominiums or condominium conversions, or mobilehome park conversions or where otherwise determined by the Community Development Director, the additional relevant materials as required in Chapters 16.38 through 16.44 shall be provided;
11. 
Other. All other applicable design information which may be required by other sections of this title, applicable City standards, codes or regulations or as determined by the City Engineer.
(Ord. 539 § 1, 2011)
Vesting tentative map expiration and requests for extensions of time shall be pursuant to Sections 16.14.120 and 16.14.130. Failure to file a final map within the time limits described shall terminate all proceedings and no final map for all or any property included within the vesting tentative map shall be filed without first processing a new tentative map or vesting tentative map under this title.
(Ord. 539 § 1, 2011)
A. 
Vesting Rights. 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 Section 66498.1 of the Subdivision Map Act.
B. 
Fees. Fees charged for land use and building permits, filed after the approval of a vesting tentative map shall be required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, park impact fees, etc.). Land use or building permit application contents shall comply with City requirements in effect at the time the subsequent application is filed.
(Ord. 539 § 1, 2011)
The development rights vested by this chapter shall expire if a final map or parcel map is not approved before expiration of the vesting tentative map in compliance with Section 16.16.050. If the final map or parcel map is approved and recorded, the development rights shall be vested for the following periods of time.
A. 
An initial period of 12 months from the date of recordation of the final or parcel map. 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 12 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if processing exceeds 30 days from the date the application is accepted as complete.
C. 
The developer may apply for a 12-month extension to the vesting rights at any time before the initial 12 months expires. Application for an extension shall be submitted to the Community Development Director and shall be accompanied by the required fee. The Planning Commission shall approve or deny any request for an extension, based on the provisions of Section 16.14.130.
D. 
If the developer submits a complete application for a building permit during the periods of time specified in subsections A, B and C of this section, the vested rights for that building permit shall continue until the expiration of the building permit, or any extension of that permit.
(Ord. 539 § 1, 2011)