Whenever this title requires that a tentative subdivision map
or a tentative parcel map be filed, a vesting subdivision map may
instead be filed, subject, however, to the following limitations:
A. A vesting
map shall not be approved unless the Board of Supervisors finds it
to be consistent with the adopted general plan. Except as otherwise
provided in subdivision c of this section, a vesting map may not be
filed concurrently with a general plan amendment nor during the period
a general plan amendment for the area covered by the proposed map
is in process.
B. Applications
for projects which require amendments to an adopted community plan,
or the Sacramento County Zoning Code, or which require discretionary
approvals pursuant to the Zoning Code, including, but not limited
to, special development permits, use permits, development plan reviews,
exceptions, special review of parking or variances, may not include
an application for a vesting map unless all needed applications for
such approvals for the project are concurrently filed with the vesting
map. Vesting maps may not be approved with the condition that needed
plan amendments, zoning and discretionary approvals be subsequently
secured.
C. Notwithstanding
any other provision of this Code, an application for a vesting map
may be filed concurrently with an application to amend the Sacramento
County general plan provided that the area covered by the vesting
map is included in the area covered by the application to amend the
general plan and is also included in either a concurrently filed or
previously filed and pending application for a specific plan.
(SCC 651 § 10, 1986; SCC
0975 § 1, 1994; SCC 1585 § 34,
2015)
The approval of a vesting tentative map by the Board of Supervisors
shall confer a vested right to apply for permits needed to proceed
with development and have the County exercise its discretion to approval,
disapprove, or approve such permits with conditions, on the basis
of ordinances, policies, and standards in effect at the time the application
was determined to be complete pursuant to Section 65940 of the Government
Code.
A. This
chapter does not enlarge, diminish, or alter the power of the Board
of Supervisors to deny approval of the requested project or any part
thereof, or to impose conditions on the approval of a project.
B. Nothing
in this chapter removes, diminishes, or affects the obligation of
any subdivider or local agency to comply with the conditions and requirements
of any state or federal laws, regulations, or policies.
C. In
the event that Section 66474.2 of the
Government Code is repealed,
any subsequent approvals of vested maps shall confer a vested right
to proceed with development in substantial compliance with ordinances,
policies, and standards in effect at the time the vesting map is approved
or conditionally approved, rather than at the time the application
was determined to be complete.
D. Notwithstanding
this chapter, the Board of Supervisors or agencies thereof may condition
or deny a permit, extension or entitlement, including but not limited
to, final maps and building permits, if it determines any of the following:
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.
(SCC 651 § 10, 1986; SCC
1585 § 35, 2015)
In administering an approved vesting map, the following shall
be applicable:
A. Approval
of a vesting map applies only to actions considered and approved by
the Board of Supervisors. If the vesting map was approved with conditions,
the approval is subject to those conditions. If related applications
for discretionary permits were approved in conjunction with the vesting
map, the approvals are subject to applicable ordinances, policies,
and standards granting those entitlements, including any conditions
thereon.
B. The
rights conferred by approval of a vesting map shall last two years
from recordation of the final map.
C. When
several final maps are recorded on various phases of a project covered
by a single vesting tentative map, the initial "vesting period" shall
begin for each phase on the date the final map for that phase is recorded.
D. Modifications
that are in substantial conformance to the approved plans may be permitted
upon approval of the Director. In the event the Director determines
that the modifications are not in substantial conformance, the determination
may be appealed by the applicant through the normal Title 22 appeal
procedures. Alternatively, the Director may choose to refer the matter
to the approval body of the vesting map for a determination. Any approved
or denied modification request shall not alter the effective period
or rights conferred by approval of a vesting map.
(SCC 651 § 10, 1986; SCC
1585 § 36, 2015)
Vested rights that have been conferred shall end on the occurrence
of the following, whichever comes first:
A. A final map is not recorded within three years of approval of the vesting tentative map or, if an extension of time has been granted, within the time specified by that extension. The time allowed for recordation may be extended by a moratorium or a stay under Section
22.20.065 provided that such moratorium or stay would have prevented a final map from being recorded during that period.
B. If
a final map is recorded, the vesting rights shall end two years after
the date of final map recordation.
C. The
expiration of a building permit, including extensions, issued pursuant
to a vesting map, and issued during the time vesting rights are valid.
D. Vesting
rights shall automatically be extended by any time used by a county
department for processing a complete application for a grading permit
or for design or architectural review, if the time used by the County
exceeds 30 days from the date a complete application is filed.
(SCC 651 § 10, 1986; SCC
1585 § 37, 2015)
The provisions for filing a complete application for a tentative map, as set forth in Section
22.20.005, are applicable to vesting maps, however, the requirements for filing a vesting map shall also include:
A. All
copies of the submitted vesting maps shall be identified with the
words "VESTING TENTATIVE MAP" conspicuously printed on the face of
the map.
B. A preliminary
grading plan shall be submitted concurrently with the application
for a vesting map. The preliminary grading plan shall show existing
topography at a contour interval sufficient to show the general slope
of the property and shall show the proposed elevations of roads at
100 foot stations, proposed building pad elevations, and all lot corners
around the periphery of the project. The preliminary grading plan
shall be prepared to a one foot plus or minus tolerance.
C. A tree
preservation plan shall be submitted concurrently with the application
for a vesting map. The tree preservation plan shall accurately identify
all existing trees as to species, trunk size and dripline. Trees that
are proposed for removal shall be marked "TO BE REMOVED." Any provisions
for tree preservation, transplanting, or new plantings shall be identified.
D. A preliminary
site plan showing building locations and exterior features on each
lot shall be submitted concurrently with the application for a vesting
map. For single family detached and zero lot line projects, the site
plan may consist of a lotting plan with typical building envelopes.
Such plan shall indicate all building setbacks, building heights,
number of stories, driveway locations, landscaped areas, and other
improvements as the developer proposes to install.
E. In
those circumstances where a development plan review is required by
ordinance, zoning agreement, special development permit, or by a condition
of previous approval, such review application and all exhibits necessary
for the review shall be submitted concurrently with the application
for a vesting map.
F. In those circumstances where the project requires concurrent discretionary approval as set forth in Section
22.25.010(C), all exhibits necessary for such application shall be submitted concurrently with the application for a vesting map.
G. Such
other exhibits that fully depict features of the development which
the developer desires review for the purpose of approval concurrently
with vesting map.
(SCC 651 § 10, 1986; SCC
1585 § 38, 2015)