Article IV — IMPROVEMENTS

Sec. 24.40.010. - Installation and construction required.

The subdivider shall improve all streets, highways, public ways, alleys and easements which are a part of the subdivision. All such improvements shall be constructed under the supervision of the Town Engineer or the Town Engineer's authorized representative and in accordance with such standards as exist or may be established from time to time by the Town Council, and shall be installed to the grades approved by the Town Engineer on the improvement plans.

(Code 1968, § 27-31)

Sec. 24.40.015. - Submittal of plans, drawings, etc., for approval.

Plans, profiles, other drawings and specifications for subdivision improvements shall be furnished to the Town Engineer not later than the time of submitting the final map, and such plans, profiles and specifications shall be subject to the approval of the Town Engineer before any such final map shall be approved and prior to beginning any construction within the limits of the proposed subdivision. Upon approval of the improvement plans, the Town Engineer shall be furnished one (1) sepia and three (3) blueline sheets of each page of the plans.

(Code 1968, § 27-32)

Sec. 24.40.020. - Agreement to install—In lieu of completion prior to approval of final map.

(a)

If any subdivision improvement is not completed to the satisfaction of the Town Engineer before the final map is recorded or filed, the subdivider shall, prior to the approval by the Town Council of the final map, enter as contractor into an agreement with the Town whereby, in consideration of the acceptance by the Town of some or all the dedications offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement.

(b)

Such agreement may provide for the improvements to be installed in units, for extensions of time under specified conditions or for the termination of the agreement upon a reversion of the subdivision or a part thereof to acreage.

(Code 1968, § 27-33)

State Law reference— Agreements relating to improvements not completed, Gov. Code § 66462.

Sec. 24.40.025. - Same—Performance bond or cash deposit required.

(a)

The agreement referred to in section 24.40.020 shall be accompanied by a faithful performance bond guaranteeing the faithful performance of the agreement or contract, in a sum equal to one hundred (100) percent of the total estimated cost of the improvements (including design engineering and inspection costs), together with an additional bond securing payment to the contractor, subcontractors and to persons renting equipment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, also in a sum equal to one hundred (100) percent of the total estimated cost of the improvements.

(b)

In lieu of any faithful performance bond required by this section the subdivider may deposit with the Town Council a sum of money equal to the required amount of such bond as security for the faithful performance thereof.

(Code 1968, § 27-34)

Sec. 24.40.030. - Right of entry for inspection and tests.

The Town Engineer, or the Town Engineer's authorized representative, shall have the right to enter upon the site of any subdivision improvements for the purpose of inspecting the same and shall be furnished with samples of materials as may be required for the making of tests to determine the acceptability of such materials.

(Code 1968, § 27-35)

Sec. 24.40.035. - Order to cease work in case of nonconforming construction.

(a)

If, during the construction and installation of any subdivision improvements, the Town Engineer or authorized representative notes that such work is not being installed as outlined in the improvement plans or to standards of the Town, the Town Engineer shall have the right to order the contractor to cease work immediately and not continue until the deficiencies have been corrected. If such verbal orders to cease work are not complied with, such order shall be reviewed within one (1) hour by either the Town Engineer, the Assistant Town Engineer, or the Assistant Civil Engineer. If such order is found to be reasonable by the reviewing Engineer, such order shall be confirmed by written order to cease work delivered to the contractor or the contractor's construction foreman by the reviewing Engineer or authorized representative. If such written order is not complied with, the Town shall exercise the employment of any police power deemed necessary to insure the cessation of such improper construction activities.

(b)

Any work installed by the contractor, after verbal notice to cease work has been given, shall not be accepted by the Town.

(Code 1968, § 27-36)

ARTICLE V. - REQUIREMENTS, STANDARDS AND SPECIFICATIONS[[2]]

Footnotes:

--- ( 2 ) ---

Cross reference— Subdivision requirements, standards, and specifications, §§ 29.10.067—29.10.06727.

Sec. 24.50.010. - Design standards—Generally.

Those certain subdivision design standards which are on file in the office of the Town Engineer are by reference incorporated in this chapter as the subdivision design standards of the Town.

(Code 1968, § 27-37)

Sec. 24.50.015. - Same—Streets.

The design of a subdivision shall comply with the following street and highway standards as determined by the advisory agency:

(1)

Highways and major streets. Highways and major streets shall conform to the width as adopted by the circulation element of the general plan.

(2)

Collector streets. The width of right-of-way for all collector streets, and streets and areas to be used for other than one-family and two-family residences shall not be less than sixty (60) feet with a paved roadway width excluding width of curb and sidewalk areas of not less than forty (40) feet; except that, in mountainous or hillside areas the width of paved roadway may be reduced from forty (40) feet to thirty-four (34) feet if parking is prohibited along one (1) side of the street, or twenty-eight (28) feet if parking is prohibited on both sides of the street. In mountainous or hillside areas the width of the right-of-way shall not be less than forty (40) feet.

(3)

Minor streets. The width of right-of-way for minor streets shall be not less than fifty-six (56) feet with a paved roadway width of not less than thirty-six (36) feet, excluding curb and sidewalk; except, that in mountainous or hillside areas the width of the paved roadway may be reduced from thirty-six (36) to thirty (30) feet if parking is prohibited along one (1) side of the street, or twenty-four (24) feet if parking is prohibited on both sides of the street. In mountainous or hillside areas the width of the right-of-way shall not be less than forty (40) feet.

(4)

One-way streets. One-way streets may be acceptable in a subdivision when their use is justified by detailed engineering studies submitted by the subdivider. The width of right-of-way for one-way streets shall be not less than forty (40) feet with a paved roadway excluding curb and sidewalk areas of not less than fifteen (15) feet. Emergency pull-out areas of a design approved by the Town Engineer shall be provided at approximately five-hundred-foot intervals on straight sections and at each end of every blind curve.

(5)

Turning circles. Turning circles at the end of cul-de-sac streets shall have a roadway radius of not less than thirty-two (32) feet, and a right-of-way width of forty-two (42) feet; except, that in mountainous or hillside areas the roadway radius may be reduced to twenty-six (26) feet, and the right-of-way radius to thirty-two (32) feet if parking is prohibited on the turning circle. Alternate designs for turning or reversing direction may be used in lieu of the turning circle if approved by the Planning Commission. Radii of turning circles in industrial subdivisions may be increased to provide adequate turning provisions for truck and trailer combinations.

(Code 1968, § 27-39)

Sec. 24.50.020. - Same—Design standards.

Alleys shall have a right-of-way width of not less than thirty (30) feet and roadway width of not less than twenty-four (24) feet.

(Code 1968, § 27-41)

Sec. 24.50.025. - Streets necessary for development of adjoining property.

Whenever a street is necessary for the development of adjoining property, the location, width and extent of such street shall be shown on the tentative and final map. The subdivider shall improve such streets across the property being subdivided.

(Code 1968, § 27-43)

Sec. 24.50.030. - Off-street parking on narrow streets.

On streets in subdivisions where parking of automobiles is prohibited along either or both sides of the normal roadway, parking bays may be required at convenient locations or intervals outside the normal traffic lanes.

(Code 1968, § 27-44)

Sec. 24.50.035. - Trails.

Trails are required in a subdivision where shown on the general plan. Trails not shown on the general plan may be required by the advisory agency.

(Code 1968, § 27-45)

Sec. 24.50.040. - Street alignment.

Unless otherwise approved by the Town Engineer and by the advisory agency, the centerlines of any two (2) streets entering upon opposite sides of any certain street in a subdivision shall intersect the centerline of that street at the same point, or at points separated by not less than two hundred (200) feet.

(Code 1968, § 27-46)

Sec. 24.50.045. - Grades of streets, highways and alleys.

The grades of highways, streets and alleys in subdivisions shall not exceed fifteen (15) percent unless otherwise approved by the Town Engineer and the advisory agency.

(Code 1968, § 27-47)

Sec. 24.50.050. - Dedication of open space.

Where consistent with the goals and policies of the general plan, the advisory body shall require dedication of open space to the Town, either in fee or as an easement, whichever will best implement the applicable

policy. Fee dedication will ordinarily be required where public involvement is sufficiently active to warrant Town control and maintenance. Where public involvement is more passive, the owner will be asked to dedicate easements, and will retain ownership and responsibility for maintenance.

(Code 1968, § 27-48)

Sec. 24.50.055. - Paving of streets.

Roadways on streets, highways and alleys within a subdivision shall be paved with asphalt concrete or Portland cement concrete in accordance with standards approved by the Town Engineer.

(Code 1968, § 27-50)

Sec. 24.50.060. - Street intersections.

At each intersection between two (2) streets in a subdivision, the property lines shall be rounded with a curve having a radius of not less than twenty (20) feet. At intersections between an alley and a street, or between two (2) alleys, the radius or cut-back distance shall be not less than ten (10) feet.

(Code 1968, § 27-52)

Sec. 24.50.065. - Sidewalks.

Sidewalks shall be constructed on all streets and highways within a subdivision; except, that in land being subdivided into lots twenty thousand (20,000) square feet or more in size, sidewalks may be omitted. In hillside subdivisions, a walkway or path shall be constructed on one (1) side of the street or highway, subject to the approval of the Town Engineer and the advisory agency.

(Code 1968, § 27-53)

Sec. 24.50.070. - Curbs and gutters.

Curbs and gutters shall be constructed on all streets and highways within a subdivision; except, that in mountainous or hillside areas, curbs or gutters may be eliminated by the Town Engineer in special circumstances.

(Code 1968, § 27-54)

Sec. 24.50.075. - Cul-de-sac length.

Cul-de-sacs shall not exceed eight hundred (800) feet in length; provided, the length of a cul-de-sac may be increased by action of the advisory agency upon finding that emergency access, utility services, and circulation are satisfactory.

(Code 1968, § 27-55)

Sec. 24.50.080. - Improvements on half-streets.

Improvements conforming to the requirements specified in this article shall be constructed on any halfstreets or highways within a subdivision. In cases where a half-street adjoins unsubdivided land, or land not

occupied by a street or public way, the minimum right-of-way width of such half-street is forty (40) feet. Additional pavement shall be provided within the right-of-way to facilitate the safe flow of two-way traffic.

(Code 1968, § 27-56)

Sec. 24.50.085. - Culverts, storm drains and drainage structures.

Culverts, storm drains, and drainage structures shall be constructed in, under, or along streets, alleys and highways in a subdivision as required by the Town Engineer as reasonably necessary to prevent damage to streets or adjoining properties from stormwater, or to prevent the flow of stormwater on streets of depth and velocity as to present a hazardous condition for moving vehicles and pedestrians, or to maintain the flow of stormwater in its natural channel.

(Code 1968, § 27-57)

Sec. 24.50.090. - Sewers.

Sanitary sewers with house service laterals shall be constructed to serve each lot within a proposed subdivision. In hillside areas sewer service shall be by sanitary sewer whenever practical. Adequately designed alternative systems may be authorized when the following occurs:

(1)

Connection to a publicly regulated sanitary system is not available or feasible within a reasonable period of time; and

(2)

The predicted use of such a system on a reasonably permanent basis will adequately meet disposal needs and have no detrimental effect on the environment (including water quality).

(Code 1968, § 27-58)

Sec. 24.50.095. - Utilities.

Utilities with connections to each lot within a subdivision shall be constructed as required by the advisory agency. All new utility services shall be placed underground. Underground conduit shall be provided for cable television service.

(Code 1968, § 27-59)

Sec. 24.50.100. - Domestic water service.

Water service shall be provided by a recognized public utility.

(Code 1968, § 27-59A)

Sec. 24.50.105. - Fire hydrants.

Fire hydrants, together with adequate water service thereto, shall be located in each subdivision as directed by the Fire Chief.

(Code 1968, § 27-60)

Cross reference— Fire prevention and protection generally, Ch. 9.

Sec. 24.50.110. - Street lighting.

Street lighting shall be installed in accordance with the Town standards.

(Code 1968, § 27-61)

Sec. 24.50.115. - Street signs.

Street signs shall be placed on all streets in a subdivision as directed by the Town Engineer. Such signs shall be constructed in accordance with standards developed by the Town Engineer.

(Code 1968, § 27-62)

Sec. 24.50.120. - Retaining walls.

Retaining walls may be required to minimize cuts and fills.

(Code 1968, § 27-63)

Sec. 24.50.125. - Garbage service.

Provisions for garbage service shall be made for adequate garbage disposal service. Such provisions shall be compatible with the franchise requirements of the local garbage disposal contractor.

(Code 1968, § 27-64)

Sec. 24.50.130. - Double frontage lots.

(a)

Unless otherwise approved by the advisory agency by reason of special circumstances, lots for one-family and two-family use shall not be designed with frontage on two (2) streets except at street intersections and except along highways.

(b)

Double frontage lots may be required to have a wall or fence of an approved design constructed along side or rear lot lines. Access rights along such rear or side lot lines may be required to be dedicated to the Town.

(Code 1968, § 27-66)

Sec. 24.50.135. - Lot standards—Design, area and width.

All lots created pursuant to this chapter must conform to the rules of chapter 29 of this Code.

(Code 1968, § 27-67)

Sec. 24.50.140. - Cleanliness, etc., of building sites.

Every building site in a subdivision shall be kept free and clear at all times of dead plant materials which constitute a fire hazard. It shall be the duty of the Town Fire Chief to inspect hillside subdivision areas and take appropriate action to insure safety.

(Code 1968, § 27-72)

Cross reference— Garbage, refuse and weeds generally, Ch. 11.

ARTICLE VI. - STORM AND SURFACE WATER DRAINAGE AREAS

Sec. 24.60.010. - Establishment of local drainage areas.

The Town is hereby divided into three (3) local drainage areas, to be known as Local Drainage Areas No. I, No. II, and No. III.

(Code 1968, § 27-82)

Sec. 24.60.015. - Maps of local drainage areas.

The local drainage areas shall contain all territory as shown, and such areas are bounded as is shown, on the map which is by reference made a part thereof, and each of such areas is fixed as shown on the map bearing the name and number of such local drainage area. A copy of each of such maps shall be attached to the original copy of Ordinance No. 939 and be filed in the office of the Clerk of the Council, and a copy of each of such maps shall be kept on file in the office of the Engineering Department of the Town.

(Code 1968, § 27-83)

Sec. 24.60.020. - Drainage facilities required when property developed within local drainage areas.

Development of property within local drainage areas will require construction of the facilities described in the engineering studies and reports adopted by the drainage element of the general plan.

(Code 1968, § 27-84)

Sec. 24.60.025. - Established fees fairly apportioned on basis of need; facilities planned in addition to those serving areas.

The fees established by this article for drainage are fairly apportioned within the local drainage areas on the basis of need for such local drainage facilities created by subdivision or other development of properties within such areas which will increase runoff by coverage of absorption area and by increase of demand for protection from stormwaters, and are fairly proportioned on the basis of benefits conferred on the properties that may hereafter be subdivided or developed within such areas. The fee as to any property within any local drainage area does not exceed the pro rata share of the amount of the total estimated cost of all facilities within the local drainage area which would be assessable on such property if such costs were apportioned uniformly on a per acreage basis. Drainage facilities planned are in addition to existing local drainage facilities serving the areas at the time of the adoption of this article.

(Code 1968, § 27-85)

Sec. 24.60.030. - Special fund; money to be used solely for construction costs; rights-of-way in lieu of cash payment of fee.

Fees paid under the requirements of section 24.60.035 shall be placed in a special fund to be known as "Planned Local Drainage Facilities Fund" and shall carry an area designation. A separate fund is hereby established and shall be maintained for each local drainage area and shall be established as an accounting fund upon receipt of the first fees paid for each of such local drainage areas. Money in each fund shall be expended solely for the construction, or reimbursement for construction, of local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected. By special agreement with the Town Council, the Town may accept rights-of-way as other consideration necessary to the completion of the drainage facilities within the local drainage areas in lieu of cash payment of the amount of the fee provided for.

(Code 1968, § 27-86)

Sec. 24.60.035. - Fees for construction of facilities serving new buildings, improvements and planned structures—Schedule.

(a)

The Town Council shall establish by resolution a schedule of fees to be used for the construction of drainage facilities serving new buildings, improvements (including but not limited to paving) or structures to be constructed in Local Drainage Areas No. I, No. II and No. III, which, determined by the Town Engineer, substantially impair the perviousness of the surface of land.

(b)

In areas that are subdivided pursuant to the terms of the Subdivision Map Act or local ordinance supplementary thereto:

(1)

For new single-family residential lots and the construction of off-site improvements appurtenant thereto located within the Hillside Subdivision Area, as described in Exhibit B of Ordinance No. 715 of the Town, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council. For buildings, structures, and improvements appurtenant to the new lots, the schedule of fees shall be as set forth in subsection (c) of this section.

(2)

For new single-family residential lots and the construction of off-site improvements appurtenant thereto located in all other areas, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council. For buildings, structures and improvements appurtenant to the new lots, the schedule of fees shall be as set forth in subsection (c) of this section.

(3)

The maximum drainage fee charged for single-family residential lots which are in excess of one (1) acre shall be at the rate prescribed by subsections (b)(1) and (2) above for a single-acre lot. Further division of

such lots into additional building sites will require that an additional drainage fee be paid in an amount equivalent to that prescribed by subsections (b)(1) and (2) above.

(4)

For multiple-dwelling residential lots and the construction of off-site improvements appurtenant thereto, the fee shall be at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(5)

For commercial or industrial lots and the construction of off-site improvements appurtenant thereto, the fee shall be at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(6)

Upon filing of a tentative subdivision map or parcel map the applicant shall certify to the number of acres in each lot.

(c)

In areas that are not subdivided pursuant to the terms of the Subdivision Map Act or local ordinance supplemental thereto:

(1)

For single-family residences, buildings, structures and improvements appurtenant thereto, included within the lot, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(2)

For multiple-dwelling units, whether in the form of numerous single living units, duplexes, triplexes, quadruplexes or apartment houses, and buildings, structures or improvements appurtenant thereto, included within the gross site development plan or lot of such dwelling, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(3)

For commercial or industrial buildings, hospitals, churches, schools and buildings, structures or improvements appurtenant thereto, included within the gross site development plan or lot, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(4)

For all other types of buildings, structures, or improvements including all accessory structures or improvements appurtenant thereto, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(5)

Upon application for a building permit, the applicant shall certify to the number of square feet of existing and proposed impervious area in each lot. The fee shall be based on the net increase in impervious area created by the buildings, structures and improvements described in subsections (c)(1), (2), (3) and (4) above.

(Code 1968, § 27-87; Ord. No. 1814, § I, 3-19-90)

Sec. 24.60.040. - Same—Payment prerequisite to approval of subdivision maps or issuance of building permits.

No final subdivision map or parcel map, and no building permit shall be issued for the construction of any improvement until the fee provided for by this article has been paid in cash or by other and equal consideration as provided for in this article.

(Code 1968, § 27-88)

Sec. 24.60.045. - Same—Reimbursements and waivers.

The Town Engineer may require that improvements to be installed by a subdivider for the benefit of the subdivision contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. The developer may be compensated for this additional work through any combination of the following:

(1)

The Town may enter into an agreement with the subdivider to reimburse the subdivider for the portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision;

(2)

The Town may waive the drainage fee to be collected for the project in an amount equal to the cost of the improvements; or

(3)

The Town may use drainage fee funds to reimburse the subdivider for the cost of those improvements as provided for in section 24.60.030 above.

(Code 1968, § 27-89; Ord. No. 1814, § II, 3-19-90)

Sec. 24.60.050. - Same—Adjustment of fee.

Where the type of structure has not been determined as to any portion of land included with a subdivision at the time of final approval of a subdivision map, the fees shall be as set forth in the schedule adopted pursuant to section 24.60.035 for such portion of land; provided, that upon issuance of a building permit for buildings, structures or improvements to be placed on such portion of land, the fee shall be adjusted upon request of applicant to conform to the applicable section of this article as determined by the type of

building for which the permit is issued. Such adjustment shall be on the basis of rates prevailing at the time of issuance of the building permit.

(Code 1968, § 27-90)

Sec. 24.60.055. - Same—When not to be collected.

No fee shall be collected for any buildings, structures or improvements installed or constructed in substantially the same location and size and for the same use as previously existing buildings when such new buildings, structures or improvements are being constructed or installed as replacements for the previously existing buildings, structures or improvements.

(Code 1968, § 27-91; Ord. No. 1814, § III, 3-19-90)

ARTICLE VII. - VESTING TENTATIVE MAPS

Sec. 24.70.010. - Citation and authority.

This article 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 (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance.

(Code 1968, § 27.08.010; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.015. - Purpose and intent.

(a)

It is the purpose of this article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this chapter. Except as otherwise set forth in the provisions of this article, the provisions of this chapter shall apply to vesting tentative maps.

(b)

To accomplish this purpose, the regulations outlined in this article 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.

(Code 1968, § 27.08.020; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.020. - Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by chapter 29 of this Code or other applicable provisions of this Code.

(Code 1968, § 27.08.030; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.025. - Application.

(a)

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

(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.

(Code 1968, § 27.08.050; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.030. - Filing and processing.

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 article II of this chapter for a tentative map except as hereinafter provided:

(1)

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

(2)

At the time a vesting tentative map is filed a subdivider shall also file those other applications, complete with required fees, plans and other documentation, that would otherwise be required by chapter 29 of this Code to be filed and approved before the proposed use could become operative, or before building or other permits could be issued to implement the use. Any reviewing body or the advisory agency may require the filing of any other application not otherwise required by chapter 29 of this Code, if, in the body's opinion, such application and the information included is necessary for the consideration of the vesting tentative map. These applications include, but are not limited to applications for architecture and site approval, conditional use permit, variance, grading, tree removal and any other applicable discretionary approval.

(Code 1968, § 27.08.060; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.035. - Expiration.

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

(Code 1968, § 27.08.070; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.040. - Vesting on approval.

(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. However, if Government Code section 66474.2 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.

(b)

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

(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.

(c)

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 24.70.035. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(2)

The initial time period set forth in subsection (c)(1) shall be automatically extended by any time used for processing a complete application for architecture and site approval, if such processing exceeds thirty (30) days, from the date a complete application is filed.

(3)

Reasonable extensions of time not exceeding one (1) year may be granted upon application to and approval by the Planning Commission. Extensions can be granted only if approved by the Commission prior to the expiration of the approval. If the extension is denied, the subdivider may appeal that denial to the Town Council within ten (10) calendar days.

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1)—(3), the rights referred to herein shall continue until the expiration of that permit, or any

extension of that permit.

(Code 1968, § 27.08.080; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.045. - Applications inconsistent with current policies.

Notwithstanding any provision of this article, a property owner or the property owner's designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in section 24.70.040 and the Town may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Code 1968, § 27.08.090; Ord. No. 1839, § I, 12-17-90)

Sec. 24.70.050. - Definitions.

(a)

A "vesting tentative map" shall mean a "tentative map" for a subdivision, as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 24.70.030, and is thereafter processed in accordance with the provisions hereof.

(b)

All other definitions set forth in this chapter are applicable.

(Ord. No. 1839, § I(27.08.040), 12-17-90)