Sec. 25-39.6 (a). - Purpose.

This article is enacted for the purpose of providing administrative procedures for the implementation of the Vesting Tentative Map provisions of the Subdivision Map Act and to supplement the provisions of the Subdivision Map Act as they relate to vesting tentative maps. To accomplish this purpose, the adoption of this article is determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except as otherwise set forth in the provisions of this article the provisions of the Subdivision Ordinance shall apply to the processing of vesting tentative maps.

Sec. 25-39.6 (b). - Definitions.

When used in this article, the following terms shall have the following meanings:

(1)

"Vesting Tentative Map" shall mean a tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" and is thereafter processed in accordance with the provisions of this article.

(2)

All other definitions set forth in Section 25-2 are applicable.

Sec. 25-39.6 (c). - Application.

(1)

This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act or Subdivision Ordinance requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may be instead filed.

(2)

This article provides an alternative procedure for the filing of maps for residential subdivisions. Nothing contained in this article shall limit a subdivider's right to file a regular tentative or parcel map pursuant to the provisions of Article II or III.

Sec. 25-39.6 (d). - Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan, applicable specific plan or Chapter 25 or Chapter 26 Sonoma County Code.

Sec. 25-39.6 (e). - Filing and Processing.

A vesting tentative map and vesting tentative parcel map shall be filed in the same form and have the contents, accompanying data and reports and shall be processed in the same manner as maps filed under Articles II and III of this Chapter except as herein provided:

(1)

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map" or "Vesting Tentative Parcel Map".

(2)

In addition to requirements of Article II and III, applications for vesting tentative maps shall be accompanied by the following additional approvals, data, reports, and material. An application shall not be deemed complete unless the application is accompanied by the following:

(A)

A graphic description of the housing type including location, size and height of all structures.

(B)

Detailed improvement plans for roads including where applicable, curb, gutter and sidewalk reviewed and approved by the Sonoma County Public Works Department.

(C)

Detailed grading plans for building sites reviewed and approved by the Sonoma County Water Agency and Sonoma County Building Inspection Department.

(D)

Detailed plans for sewer systems or connections and water systems or connections reviewed and approved by the

Sonoma County Department of Public Works and/or Environmental Health.

(E)

Detailed plans for drainage reviewed and approved by the Sonoma County Water Agency.

(F)

Design and architectural plans for structures, landscaping plans and irrigation plans reviewed and approved by the Design Review Committee.

(G)

Proposed covenants, codes and restrictions reviewed and approved by the Department of Planning.

(H)

Where applicable, a written agreement from the Sonoma County Housing Authority allocating housing to low and moderate income persons.

(I)

Where applicable, geologic studies prepared by a registered geologist or registered engineering geologist.

(J)

A statement from the Sonoma County Departments of Public Works and Planning and the Sonoma County Water Agency setting forth the nature, type, and extent of public infrastructure and services which will, during the life of the proposed vesting tentative and final maps be needed to serve the area in which the subdivision is to be located. Such statement shall be delivered to the subdivider at the same time as the applicable approval is given by the department in accordance with Section 25-36.6 (e).

(K)

A negative declaration on a certified environmental impact report which covers the proposed project.

Sec. 25-39.6 (f). - Fees.

Upon filing an application for a vesting tentative map, the subdivider shall pay a fee to cover the cost of processing the application and related documents, maps, plans, and drawings. Such fee may be established by resolution of the Board of Supervisors. The Board of Supervisors may also establish by resolution fees necessary to cover the cost of obtaining County approvals which are required as part of the application for a vesting tentative map as set forth in Section 25-39.6 (e).

Sec. 25-39.6 (g). - Expiration.

The approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall expire at the end of the same time period, and shall be subject to the same time extensions established by this Chapter for tentative maps and parcel maps.

Sec. 25-39.6 (h). - Development Rights — Vesting on Approval of Vesting Tentative Map.

(1)

The approval or conditional approval of a vesting tentative map or vesting tentative parcel 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.

However, 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.

(2)

Notwithstanding subdivision (1), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

(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.

(B)

The condition or denial is required in order to comply with state or federal statutes, regulations or case law.

(3)

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the development rights conferred herein shall last for the following periods of time.:

(A)

An initial time period of 24 months. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the time limit shall begin for each phase when the final map for that phase is recorded.

(B)

The initial time period set forth in Section 25-39.6 (h) (3)A shall be automatically extended by any time used for processing a completed application for a grading permit if such processing exceeds 30 days from the date a complete application is filed.

(C)

A subdivider may apply for a one-year extension at any time before the initial time period set forth in Section 25-39.6(h)(3)A expires. If the extension is denied, the subdivider may appeal that denial within 15 days. A decision to grant or deny an application or extension shall be within the sole discretion of the advisory agency.

(D)

If the subdivider submits a completed application for a building permit during the periods of time specified in Section 25-39.6(h)(3)A-C, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(E)

A failure to comply with the time limits as specified in Section 25-39.6 (h) (3) A-D shall result in a loss of rights conferred by final map approval.

Sec. 25-39.6 (i). - Miscellaneous Provisions.

(1)

Applications for vesting tentative maps may be processed concurrently with any necessary rezoning.

(2)

In addition to conditions otherwise allowed by Statute, ordinance, plan or the County's police power, vesting tentative maps may also be subject to a condition which identifies the nature, type, and extent of public infrastructure or services which will be needed to serve the proposed subdivision and surrounding area during the projected life of the vesting tentative and final maps and which requires that the precise amount of the subdivider's contribution toward those types of infrastructure and services shall be calculated by the applicable County department and paid at the time that building permits are issued.

(3)

If the subdivider seeks to modify a vesting tentative or final map, such modification may be granted at the discretion of the advisory agency which approved the map, be granted only after public notice and hearing. If the advisory agency approves the requested modification or any portion thereof, the advisory agency may impose additional conditions on such maps. Any such modification shall not extend the life of the vesting tentative or final map or any rights created thereby.

Sec. 25-39.6(j). - Applications Inconsistent with Current Policies.

Notwithstanding any provision of this article, a subdivider may seek approval or permits for development which depart from the ordinances, policies, and standards described in Section 25-39.6(h), and the applicable county department or agency may grant approvals or issue permits to the extent that the departures are authorized under existing law.

Sec. 25-39.6(k). - Effective date.

The effective date of this ordinance is January 2, 1986.