Los Gatos Municipal Code Art. VII Vesting Tentative Maps

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)

(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)

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)

(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)

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)

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)

(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)

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)

(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)