Woodside Municipal Code § 152.096 Vesting on approval of vesting tentative maps

This subchapter is enacted pursuant to the authority granted by Government Code ch. 4.5 (commencing with § 66498.1) of Division 2 of Title 7 (referred to in this article as the Vesting Tentative Map Statute) and may be cited as the Vesting Tentative Map Law.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) It is the purpose of this subchapter 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 this subchapter, the provisions of this chapter shall apply to the Vesting Tentative Map Law.

(B) To accomplish this purpose, the regulations set forth in this subchapter 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.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

No land shall be developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable Specific/Area Plan or not permitted by the zoning provisions or other applicable provisions of this Code.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the approval of a tentative map for a development, a vesting tentative map may instead be requested by the owner or subdivider in accordance with the provisions of this subchapter.

(B) 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 this chapter for a tentative map, except as provided in this subchapter.

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

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

Upon filing a vesting tentative map, the owner or subdivider shall deposit the required fees as established by the Council pursuant to Section 152.156(A) of this chapter.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

The approval or conditional approval of a vesting tentative map shall expire not less than one year nor more than two years after the final map has been recorded unless the Planning Commission approves an additional 12-month extension per Section 152.101.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) (1)

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 § 66474.2.

(2) However, if said Government Code § 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 the provisions of division (A) of this section, a permit, approval, extension, or entitlement governed by the terms of a vesting tentative map may be made conditional or denied if any of the following is determined:

(1) A failure to do so would place the residents of the land division or subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

(2) The condition or denial is required in order to comply with state or federal laws.

(C) The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map.

(D) If the final map is timely approved, such rights shall last for the following periods of time:

(1) An initial time period of 18 months after the recordation of the final map. Where several final maps are recorded on various phases of a land division or subdivision covered by a single vesting tentative map, such initial time period shall begin for each phase when the final map for such phase is recorded.

(2) The initial time period set forth in subsection (D)(1) of this section shall be automatically extended by any time used for processing a complete application for a site development permit, design review by the Architectural and Site Review Board and Planning Director, or review by the Town Committees, or their designated subcommittees, if such processing exceeds 30 days after the date the application is deemed complete.

(3) An owner or subdivider may apply to the Council for a one-year extension at any time before the initial time period set forth in subsection (D)(1) of this section expires.

(4) If the owner or subdivider submits a complete application for a building permit during the periods of time specified in subsection (D)(1), (2), and (3) of this section, the rights referred to in this section shall continue until the expiration of such permit or any extension of such permit.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) Development inconsistent with zoning: conditional approval.

(1) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at that time, such inconsistency shall be noted on the map. The Town may deny such a vesting tentative map or approve it conditioned on the subdivider obtaining the necessary change in the zoning provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the approved or conditionally approved vesting tentative map, notwithstanding Section 152.096(A) of this subchapter, shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning provisions and the map as approved.

(2) The rights conferred by this section shall be for the time periods set forth in Section 152.096(C) of this subchapter.

(B) Applications inconsistent with current policies. Notwithstanding any provision of this subchapter, a subdivider may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 152.096(A) and subsection (A) of this section, and Town may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)