Development Rights - Subdivisions - Government - CA

Section § 66498.1

A vesting tentative map can be filed instead of a regular tentative map when planning development. When a local agency approves a vesting tentative map, developers gain a right to proceed according to the rules in place at approval. However, local agencies can still impose conditions or deny permits if there's a threat to health and safety or to comply with laws. These rights expire if the final map isn't approved in time, and conditions can still be applied to future necessary approvals.

(a) Whenever a provision of this division requires that a tentative map be filed, a vesting tentative map may instead be filed.

(b) When a local agency approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2. However, if Section 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the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.

(c) Notwithstanding subdivision (b), the local agency may condition or deny a permit, approval, extension, or entitlement 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.

(d) The rights conferred by this section 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 rights conferred by this section shall be subject to the periods of time set forth in subdivisions (b), (c), and (d) of Section 66498.5.

(e) Consistent with subdivision (b), an approved or conditionally approved vesting tentative map shall not limit a local agency from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subdivision (b).

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Section § 66498.2

This law section says that if local rules are changed after a tentative map for a real estate project is approved, the person in charge, or their representative, can apply to update the map. They must do this before the map's expiration to ensure they can follow the new rules. The application must clearly state which new rules they want to adopt.

If the ordinances, policies, or standards described in subdivision (b) of Section 66498.1 are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her assignee, at any time prior to the expiration of the vesting tentative map pursuant to subdivisions (b), (c), and (d) of Section 66498.5, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought.

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Section § 66498.3

If someone wants to develop land in a way that doesn't match current zoning laws, they must note this on a special map when they apply for approval. The local government can either reject this map or only approve it if the zoning laws are changed to fit the planned development. If the necessary zoning change is made, the developer has the right to continue with the project as long as it aligns with the new zoning and the approved map.

These development rights are valid for a specific period, outlined in another section of the law.

(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 noted on the map. The local agency may deny 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 subdivision (b) of Section 66498.1, 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 subdivisions (b), (c), and (d) of Section 66498.5.

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Section § 66498.4

This law allows property owners or their representatives to apply for development approvals or permits that differ from certain local rules and standards, as long as these differences are permitted by applicable laws. Local agencies are also allowed to approve these requests if they follow the law.

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subdivision (b) of Section 66498.1 and subdivision (a) of Section 66498.3, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

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Section § 66498.5

This section explains that if a developer doesn't seek specific protections or benefits, they don't need a 'vesting tentative map' before getting approvals for a subdivision or construction. The rights from having a vesting tentative map last at least one year but not more than two years after recording the final map, and each phase of a project gets its own timeline.

The initial rights period can be extended automatically if the local agency takes more than 30 days to process a grading permit or design review. Before this initial period ends, the developer can ask for an extra year, and if denied, they can appeal within 15 days.

Additionally, if the developer applies for a building permit during the specified timeframe, their rights remain active until the permit or any of its extensions expire.

(a) If a subdivider does not seek the rights conferred by this chapter, 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.

(b) The rights conferred by a vesting tentative map as provided by this chapter shall last for an initial time period, as provided by ordinance, but shall not be less than one year or more than two years beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded.

(c) The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review, if the time used by the local agency to process the application exceeds 30 days from the date that a complete application is filed. At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the legislative body within 15 days.

(d) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision (c), the rights conferred by this chapter shall continue until the expiration of that permit, or any extension of that permit granted by the local agency.

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Section § 66498.6

This section explains that local governments in California cannot change the types of conditions they impose on development projects, nor can they affect their authority to address public health or safety issues. It emphasizes that any rights or conditions set by local ordinances remain, but it does not alter a developer's responsibility to follow state or federal laws. Essentially, local agencies must still comply with broader governmental regulations and cannot ignore them.

(a) This chapter does not enlarge, diminish, or alter the types of conditions which may be imposed by a local agency on a development, nor in any way diminish or alter the power of local agencies to protect against a condition dangerous to the public health or safety.

(b) The rights conferred by this chapter shall relate only to the imposition by local agencies of conditions or requirements created and imposed by local ordinances. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies and does not grant local agencies the option to disregard any state or federal laws, regulations, or policies.

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Section § 66498.7

This law specifies that, initially, until the end of 1987, the rules it outlines apply only to residential projects. Starting in 1988, local ordinances can set different expiration timeframes for residential and nonresidential projects on a vesting tentative map, but the period for residential projects cannot be shorter than that for nonresidential ones.

(a) Until December 31, 1987, this chapter shall apply only to residential developments.

(b) On and after January 1, 1988, an ordinance adopted pursuant to subdivision (g) of Section 66452.6 may differentiate between residential and nonresidential developments in prescribing the initial time period after which the rights conferred by a vesting tentative map shall expire. In no event, however, shall that period be less for residential developments than for nonresidential developments.

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Section § 66498.8

This law requires cities and counties in California to have certain rules in place by January 1, 1986, for implementing related regulations. If a request is made for these regulations, the city or county must create necessary rules within 120 days and can charge fees to cover these costs. Those requesting the implementation can be reimbursed from fees collected from subdividers filing maps. The local agency cannot require more information than necessary unless needed to meet specific state or federal requirements or environmental analysis.

(a) On or before January 1, 1986, a city, county, or city and county shall adopt ordinances or resolutions necessary or appropriate for the implementation of this chapter.

(b) If a city, county, or city and county receives a written request to implement this chapter, it shall adopt any ordinances or resolutions it determines necessary or appropriate to implement this chapter. The city, county, or city and county shall adopt the ordinances or resolutions not more than 120 days from the date the request is made and any fee is paid to cover the direct expenses the city, county, or city and county determines it will incur in processing the ordinances or resolutions. The city, county, or city and county may arrange, with the person making the request, to collect fees from subdividers filing vesting tentative maps and to reimburse the person requesting the ordinance or resolution for any costs so advanced by that person.

(c) The local agency may charge subdividers who file vesting tentative maps a fee in an amount sufficient to recover the direct costs associated with establishing and adopting ordinances or resolutions pursuant to subdivision (a) or (b).

(d) No ordinances or resolutions adopted pursuant to subdivision (a) may require more information than that related to ordinances, resolutions, policies, or standards for the design, development, or improvement relating to the conferred rights, except where necessary:

(1) To permit the public agency to make the determination required by Section 21080.1 of the Public Resources Code, as provided by Section 65941.

(2) To comply with federal or state requirements.

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Section § 66498.9

This law sets up a process for getting approval on tentative maps for land development in a way that gives developers certain guaranteed rights. It ensures that local rules for a subdivision project are established once a map gets the green light, so developers know what to expect before investing time and money. Local agencies can still set conditions on developments after initial approval, as long as those conditions don't prevent the developer from moving forward with their plans.

By the enactment of this article, the Legislature intends to accomplish all of the following objectives:

(a) To establish a procedure for the approval of tentative maps that will provide certain statutorily vested rights to a subdivider.

(b) To ensure that local requirements governing the development of a proposed subdivision are established in accordance with Section 66498.1 when a local agency approves or conditionally approves a vesting tentative map. The private sector should be able to rely upon an approved vesting tentative map prior to expending resources and incurring liabilities without the risk of having the project frustrated by subsequent action by the approving local agency, provided the time periods established by this article have not elapsed.

(c) To ensure that local agencies have maximum discretion, consistent with Section 66498.1, in the imposition of conditions on any approvals occurring subsequent to the approval or conditional approval of the vesting tentative map, so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision.

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