Chapter 16.19 — VESTING TENTATIVE MAPS

The purpose of this chapter is to establish local procedures to implement the provisions of Chapter 4.5, Division 2 of Title 7 of the California Government Code (commencing with Section 66498.1) which address the development rights conferred upon the approval or conditional approval of "vesting tentative maps." (G.C. 66498.8). (Ord. 368 §4 (part), 2001)

The provisions of this chapter shall apply to and authorize the approval, conditional approval, or denial of vesting tentative maps for subdivisions. Whenever the provisions of this title require the filing and approval of a tentative map for a subdivision to be developed, such tentative map, at the option of the subdivider, may be filed and approved as a vesting tentative map in the manner hereinafter provided by this chapter. (Ord. 368 §4 (part), 2001)

Vesting tentative maps shall be filed for processing with the community development department and shall be in the form, contain the information, and be accompanied by all drawings, documents, reports and data as well as filing fees, required by this title for tentative maps other than vesting tentative maps. At the time a vesting tentative map is filed, such map shall have printed conspicuously on its face the words "vesting tentative map." (Ord. 368 §4 (part), 2001)

Vesting tentative maps shall be reviewed and approved, conditionally approved or denied in the same manner and within the same time required by this title for the review and approval, conditional approval or denial of tentative maps other than vesting tentative maps. Notwithstanding any provision of California Government Code Section 66498.3 to the contrary, a vesting tentative map filed for a subdivision whose intended development is inconsistent with zoning regulations adopted by and pursuant to Title 17 of this code shall be disapproved. (Ord. 368 §4 (part), 2001)

16.19.035 - Rights conferred upon approval of vesting tentative map.

A.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development of the property subject to the map in substantial compliance with the provisions of this code and all policies and standards of the town which, as described in California Government Code Section 66472.2, were in effect on the date it was determined that the application for approval of such map was complete.

B.

In the event that Section 66472.2 of the California Government Code is repealed, then the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development of the property subject to the map in substantial compliance with the provisions of this code and all policies and standards of the town in effect at the time that the map was approved or conditionally approved.

C.

Notwithstanding any provisions of this section to the contrary, a permit, approval, extension or entitlement for development on property subject to a vesting tentative map may be denied or conditionally approved if either of the following determinations are made:

1.

That a failure to deny or conditionally approve such permit, approval, extension or entitlement would place residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

2.

That the denial or conditional approval of such permit, approval, extension or entitlement is required in order to comply with state or federal law. (Ord. 368 §4 (part), 2001)

The rights conferred upon the approval or conditional approval of a vesting tentative map shall expire at the same time provided by this title for the expiration of tentative maps other than vesting tentative maps or, if a final map or parcel map is timely filed following the approval or conditional approval of a vesting tentative map, two years beyond the date of recordation of such final map or parcel map, whichever last occurs. Where multiple final maps are filed following the approval or conditional approval of a vesting tentative map for a phased development, then the rights conferred by the vesting tentative map for each phase of development shall expire two years following the date of recordation of the final map for such phase of development. (G.C. 66498.5) (Ord. 368 §4 (part), 2001)

A.

The rights conferred by an approved or conditionally approved vesting tentative map shall be automatically extended beyond the date such rights normally expire under the following circumstances:

1.

If, prior to the date an approved or conditionally approved vesting tentative map would normally expire, a complete application is filed for a grading permit and/or the architectural review of development on the property subject to such map and the time for processing such application exceeds thirty days, then the rights conferred by such vesting tentative map shall also be extended for a period of time equal to that required for the processing of such grading permit and/or architectural review.

2.

If, prior to the date an approved or conditionally approved vesting tentative map would normally expire, a complete application is filed for a permit to construct a building or structure on the property subject to such vesting tentative map, then the rights conferred by such vesting tentative map shall be extended until such building permit or any extension thereof expires.

B.

The rights conferred by an approved or conditionally approved vesting tentative map may, at the discretion of the planning commission, be extended for a period of one year provided the date such map would normally expire an application for such extension is filed in the office of the community development department. If the extension application is denied by the planning commission, the subdivider may appeal the denial to the town council within fifteen days after the denial action.

C.

An approved or conditionally approved vesting tentative map and the rights conferred thereunder shall not be subject to any extensions other than those expressly provided for in this chapter. (G.C. 66498.5) (Ord. 368 §4 (part), 2001)

Amendments may be processed and made to an approved or conditionally approved vesting tentative map in accordance with the provisions of Section 16.07.070 of this title and provided an application for such amendment is filed in the office of the community development department. (G.C. 66498.2) (Ord. 368 §4 (part), 2001)

16.19.070 - Final vesting maps.

All final vesting maps shall be prepared in accordance with the provisions of Section 16.07.080 of this title. (Ord. 368 §4 (part), 2001)

16.19.080 - Alternate approvals on vesting tentative maps.

Notwithstanding any provisions of this chapter to the contrary, a property owner (or his or her designee) subject to an approved or conditionally approved vesting tentative map may seek approvals, permits or entitlements for development on such property which are authorized by the current provisions of this code and/or the current policies and standards of the town even though such current codes, policies or standards depart from the vested rights conferred by such approved or conditionally approved vesting tentative map. (G.C. 66498.4) (Ord. 368 §4 (part), 2001)