This part is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute).
(Ord. 3798 § 1, 1986)
It is the purpose of this part 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 Santa Cruz County subdivision ordinance. Except as otherwise set forth in the provisions of this part, the provisions of the Santa Cruz County subdivision ordinance shall apply to vesting tentative maps.
To accomplish this purpose, the regulations of this part 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. 3798 § 1, 1986)
No land shall be subdivided or developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Local Coastal Plan, General Plan, any applicable specific plan, the zoning ordinance, or any other applicable provision of the County Code in effect at the time any vesting tentative map is approved or conditionally approved.
(Ord. 3798 § 1, 1986)
(A) 
A "vesting tentative map"
shall mean a "tentative map" as defined in the Santa Cruz County subdivision ordinance, which shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with SCCC § 14.01.610 and is thereafter processed in accordance with the provisions hereof.
(B) 
All other definitions set forth in the Santa Cruz County subdivision ordinance shall apply.
(Ord. 3798 § 1, 1986)
(A) 
The ordinance codified in this part shall apply to all subdivisions, except that until December 31, 1987, it shall apply only to residential development subdivisions.
(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. 3798 § 1, 1986)
Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Santa Cruz County subdivision ordinance, requires the filing of a tentative map or tentative parcel map with the Planning Department, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
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 the Santa Cruz County subdivision ordinance for a tentative map except as otherwise provided by the Vesting Tentative Map Statute or this part.
(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 a subdivider shall also supply the following information:
(1) 
Site plan, minimum 18 inches by 24 inches, of the entire property, drawn to scale with north at the top and showing natural and manmade features as follows:
Topography, showing elevation contour lines, wells, streams, large trees, orchard, other vegetation, landscaping, drainage ways (existing and proposed), at a contour interval suitable for the site topography.
All existing and proposed structures with their dimensions and setbacks from property lines (including fences, walls, decks and signs). Photographs shall be included of all structures to be removed.
All existing and proposed infrastructure, including roads, rights-of-way, curbs, curbcuts, sidewalks, street trees, driveways, parking, loading areas, sewer or septic, water, and drainage facilities.
Property uses on adjacent parcels and across adjacent streets.
(2) 
Building plans (architectural drawings), minimum 18 inches by 24 inches, drawn to scale, showing all elevations (south, north, east and west), floor plans, exterior materials and colors. For lot subdivisions, this requirement may be satisfied by bulk plans showing the three-dimensional limits of the structure(s) which will occupy each lot.
(3) 
Erosion control, grading, and drainage plans, minimum 18 inches by 24 inches, drawn to scale showing topography, dimensions of cuts and fills, and cubic feet on earth to be moved. All erosion control measures shall be indicated. Drainage and grading plans shall be engineered and shall meet all County requirements.
(4) 
Shadow plans showing the location, height, and shadow patterns of major vegetation, buildings, and other structures on the proposed site and on all affected building envelopes; the location of any existing solar energy systems on benefited properties, and the approximate distances between structures, vegetation, and the south-facing glass or solar energy system. Shadow patterns are those cast on the twenty-first of December between 10:00 a.m. and 2:00 p.m., Pacific Standard Time.
(5) 
Landscaping plans for entire project showing areas to be landscaped and proposed species and sizes. Irrigation and all appurtenant facilities shall be included.
(6) 
The following technical reports shall be supplied at the time of filing.
(a) 
A biotic report which lists all species found on the property and provides a mapping of habitat types. The report shall evaluate the impacts of the proposed subdivision on any sensitive species or habitats, as defined in Chapter 16.32 SCCC.
(b) 
A geological report which identifies all potential geologic hazards (slope or bluff stability, faults, flooding) which occur on the property and evaluates the impact of the subdivision with respect to those hazards.
(c) 
An archaeologic report, based on a surface reconnaissance, which evaluates the presence of prehistoric cultural artifacts on the property.
(d) 
Within the Coastal Zone, photographs, minimum eight inches by 10 inches, of the project site taken from designated scenic highways or scenic corridors.
(e) 
For rural subdivisions, a map showing all critical fire hazard areas (chaparral vegetation) in relation to the proposed subdivision.
(f) 
For rural subdivisions, a hydrologic report which, based upon on-site soils and bedrock conditions, determines whether the property is, or is not, within a primary groundwater recharge area.
(g) 
Detailed grading plans.
(h) 
A flood control study.
(7) 
A current parcel information report.
(8) 
Any additional information required as a result of a development review group meeting or as part of other permit processes for subsequent permits or approvals required for the development of the subdivision.
Any required information set forth as part of this subsection may be deferred, waived, reduced, or deemed satisfied by the Planning Director on the basis of substantial verified information sufficient to assure that no condition relevant to such information need be added to the approval of a vesting tentative map.
(C) 
A tentative map previously filed may not be amended to be a vesting tentative map. Instead, a new vesting tentative map and full fee shall be required.
(Ord. 3798 § 1, 1986)
Upon filing a vesting tentative map, the subdivider shall pay the fees required by resolution of the Board of Supervisors. Such fees shall be in an amount sufficient to recover all costs of receiving and processing the vesting tentative map and the direct costs associated with establishing and adopting ordinances or resolutions implementing the Vesting Tentative Map Statute.
(Ord. 3798 § 1, 1986)
(A) 
A vesting tentative map shall be processed at Processing Level VII in accordance with Chapter 18.10 SCCC and may be approved, conditionally approved, or denied.
(B) 
A vesting tentative map may be conditionally approved or denied if the Board of Supervisors makes any of the following determinations:
(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 laws.
(3) 
The vesting tentative map is for a subdivision whose intended development is inconsistent with the Local Coastal Plan, General Plan, any applicable specific plan, the zoning ordinance, or any other applicable provision of the County Code in effect at the time any vesting tentative map is acted upon by the Board of Supervisors.
(C) 
An application filed for a vesting tentative map shall be deemed incomplete until:
(1) 
It includes the information required by SCCC § 14.01.610(B).
(2) 
It includes complete application(s) for changes necessary to eliminate any and all inconsistencies with the Local Coastal Plan, General Plan, any applicable specific plan, the zoning ordinance, and any other applicable provision of the County Code in effect at the time it is filed or acted upon by the Board of Supervisors.
(3) 
It includes all materials and information required by the County for a complete application as set forth in the lists specifying required information compiled pursuant to Government Code Section 65940.
(Ord. 3798 § 1, 1986)
(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 described in Government Code Section 66474.2.
If Section 66474.2 of the Government Code 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.
In the event of conditional approval each condition (and any inconsistency upon which a condition may be based) shall be duly noted on the vesting tentative map and such vested right to proceed shall, in addition, be subject to prior compliance with each condition so noted.
(B) 
The amount of any fee imposed on a subdivision development with an approved or conditionally approved vesting tentative map shall be determined at the time the final map or parcel map is deemed complete (unless expressly provided otherwise in the County Code) in accordance with the County unified fee schedule.
(C) 
An approved or conditionally approved vesting tentative map shall not limit the County from imposing reasonable conditions on subsequent required approvals or permits necessary for the development of the subdivision and authorized by the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
(D) 
All rights under a vesting tentative map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in SCCC § 14.01.625. If a final map or parcel map is approved prior to expiration of the vesting tentative map, such rights shall expire at the end of the time period established by SCCC § 14.01.625 for expiration of a final map or parcel map.
(Ord. 3798 § 1, 1986; Ord. 5061 § 27, 2009)
(A) 
Vesting Tentative Maps. A vesting tentative map shall expire 24 months after its approval or conditional approval unless a final map or parcel has been duly approved prior thereto. The expiration of a vesting tentative map may be extended or tolled by applicable ordinance or statute. No final map or parcel map may be approved or recorded pursuant to an expired vesting tentative map.
(B) 
Final Map or Parcel Map. If a final map or a parcel map is approved pursuant to a vesting tentative map, the rights conferred by such vesting tentative map shall expire one year beyond the recording of the final map or parcel map. Where several final maps or parcel maps are recorded on various phases of a phased project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map or parcel map is recorded. The expiration of a final map or parcel map may be extended or tolled by applicable statute or ordinance.
(Ord. 3798 § 1, 1986)
(A) 
Vesting Tentative Maps. After processing at Processing Level VII, a vesting tentative map which has been approved or conditionally approved may be granted, conditionally granted, or denied extension in the discretion of the Board of Supervisors of the County of Santa Cruz for the same time periods and pursuant to the same procedures as regular tentative maps, all as set forth at SCCC § 14.01.316 and § 18.10.133(B).
(B) 
Final Maps or Parcel Maps.
(1) 
Automatic Extensions. The expiration date of a recorded final map or parcel map shall be automatically extended by any time used by the County for processing a complete application for a grading permit or for design or architectural review if the time used by the County to process the application exceeds 30 days, from the date that a complete application is filed. In addition, if the subdivider submits a complete application for a building permit prior to the expiration date (including any automatic extension pursuant to the preceding sentence) the vesting tentative map rights shall continue until the expiration of such building permit (if granted), including any extension of such building permit (if such extension is granted by the County).
(2) 
Discretionary Extension. At any time within one year of the recordation of a final map or parcel map approved pursuant to a vesting tentative map, the subdivider may apply for one one-year extension which may be granted, conditionally granted, or denied, after processing at Processing Level VII, in the discretion of the Board of Supervisors of the County of Santa Cruz.
(Ord. 3798 § 1, 1986)
(A) 
Vesting Tentative Map. At any time prior to the expiration of a vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map. If ordinances, policies, or standards in effect at the time a vesting tentative map is approved or conditionally approved are changed subsequently, the subdivider (or his or her assignee) may, at any time prior to the expiration of the vesting tentative map, apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. Such application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought. The Board of Supervisors of the County of Santa Cruz may, after processing at Processing Level VII, grant, conditionally grant, or deny any application by a subdivider for amendment of a vesting tentative map. Conditional approval may include requirements for compliance with all ordinances, policies, and standards in effect at the time the amendment is conditionally granted. No such amendment shall extend the expiration date of any vesting tentative map.
(B) 
Final Maps or Parcel Maps. A final map or parcel map approved pursuant to a vesting tentative map may be amended or modified in the same manner that any other final map or parcel map may be amended or modified except that it shall be processed at Processing Level VII.
(Ord. 3798 § 1, 1986)