2005 California Government Code Sections 66498.1-66498.9 CHAPTER 4.5. DEVELOPMENT RIGHTS

GOVERNMENT CODE
SECTION 66498.1-66498.9

66498.1.  (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However, if Section 66474.2 is repealed, that approval shall confer a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).
66498.2.  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.
66498.3.  (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.
66498.4.  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.
66498.5.  (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.
66498.6.  (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.
66498.7.  (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.
66498.8.  (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.
66498.9.  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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