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Home My WebLink About3151`r 4 ORDINANCE NO. ais AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER I OF TITLE 9 OF THE LOS ALTOS HILLS MUNICIPAL CODE BY ADDING THERETO ARTICLE 50) ENTITLED 'VESTING TENTATIVE MAPS' ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS The City Council of the Town of Los Altos Hills DOES ORDAIN as follows SECTION I AMENDMENT OF CODE Chapter I Entitled "Subdivisions' of Title 9 of the Town of Los Altos Hills Municipal Code hereby is amended by adding thereto Article 5(1) to read as follows. Article 50) VESTING TENTATIVE MAPS. SECTION 9-1.5(1)01 CITATION AND AUTHORITY. This Article is enacted pursuant to the authority granted by Chapter 45 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Article. SECTION 9-1.5(1)02. PURPOSE AND INTENT. 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 the other provisions of this Chapter I of Title 9 of the Los Altos Hills Municipal Code. Except as otherwise set forth in the provisions of this Article, the provisions of this Chapter I of Title 9 shall apply to this Vesting Tentative Map Article. To accomplish this purpose, the regulations outlined in this Article are determined to be necessary for the preservation of the public health, lkw 40 safety and general welfare and for the promotion of orderly growth and development. SECTION g-1 5(1)03 CONSISTENCY No land shall be subdivided and developed pursuant to a vesting !entative map for any purpose which is inconsistent with the General Plan ano any applicable specific plan or not permitted by the Zoning Law of the Town of Los Altos Hills or other applicable provisions of the Los Altos Hills Municipal Code. SECTION 9-1.5(1)04, DEFINITIONS A. "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in this Chapter I of Title 9 ,that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 9-1.5(1)05, and is thereafter processed in accordance with the provisions hereof. All other definitions set forth in this Chapter I of Title 9 are applicable SECTION 9-1.5(1)05 APPLICATION This Article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Chapter I of Title 9, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof. 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. SECTION 9-1.5(1)06 FILING AND PROCESSING. A vesting tentative map shall be filed in the same form and have the -2- 40 same contents, accompanying data and reports and shall be processed in the same manner as set forth in this Chapter I of Title 9 for a tentative map except as hereinafter provided. (a) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words, "Vesting Tentative Map." (b) At the time a vesting tentative map is filed, the Subdivider also shall supply the information required for a tentative map as set forth in Chapter I of Title 9, and for zoning and site development permits as set forth in Title 10. (c) It shall be a condition precedent to the approval of a vesting tentative map that the land for which said map is filed shall have been zoned for, and that all discretionary land use approvals required under Title 10 of the Los Altos Hills Municipal Code shall have been obtained for the use of the land for which the vesting tentative map is filed. (d) It shall be a condition precedent to the approval of a vesting tentative map that all fees required in connection with the use or development of the land for which the vesting tentative map is filed (including, but not limited to, those required by any provision of Titles 9 and 10 of the Los Altos Hills Municipal Code) shall have first been paid, provided, however, that in lieu of payment at the time of approval, the Town of Los Altos Hills may, in the exercise of a reasonable discretion, approve the map upon condition that the amount of the fee or fees is to be determined and paid at the time of application for a final map or building permit. (e) It shall be a condition precedent to the approval of a vesting tentative map that all environmental assessments -3- 16W. 4 required by statutes of the State of California or ordinance of the Town of Los Altos Hills shall have been completed and finally acted upon by the City with respect to the land and project for which the vesting tentative map is filed. Nothing herein contained is intended to waive or modify any requirement of Title 8 of the Los Altos Hills Municipal Code SECTION 9-1.5(1)07. FEES Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map. SECTION 9-1.5(1)08. 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 same extensions established by this Chapter I of Title 9 for the expiration of the approval or conditional approval of a tentative map. SECTION 9-1.5(1)09. VESTING ON 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 in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. (b) However, if Section 664742 of the Government Code 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, (c) Notwithstanding subsection (a) a permit, approval, extension or entitlement may be made conditional or denied if any -4- of the following are determined (i) 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; (ii) The condition or denial is required, in order to comply with State or Federal law. SECTION 9-1.5(1)10. WHEN RIGHTS EXPIRE; EXTENSIONS. 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 this Section. If the final map is approved and recorded, these rights shall last for the following periods of time. (a) An initial time period of twelve (12) months. 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. (b) The initial time period set forth in Subsection (a) shall be automatically extended by any time used for pro:essing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete building application is filed. (c) A subdivider may apply for a one-year extension at any time before the initial time period set forth in Subsection (a) expires. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen (15) days. (d) If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (a) through (c) of this Section, the rights referred to herein shall -5- 111111ir 4 continue until the expiration of that permit, or any extension of that permit. (e) The rights conferred by this Article shall be for the time periods set forth in this Section SECTION 9-1.5(1)11. APPLICATIONS INCONSISTENT WITH CURRENT POLICIES Notwithstanding any provision of this Article, 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 Section 9-1.5(1)09, and the Town of Los Altos Hills may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law SECTION 2 EFFECTIVE DATE. POSTING This Ordinance shall be in full force and effect thirty (30) days from and after its passage, and shall be posted within the Town of Los Altos Hills in three (3) public places. The within Ordinance was introduced at a regular meeting of the City Council of the Town of Los Altos Hills held this 16thday of septanber 1987, and was thereafter passed and enacted at a regular meeting of the City Council of the Town of Los Altos Hills this 7th day of october 1987, by the following roll call vote: AYES Councilmember: Dxonkert, Plimmer, Siegel, Tryon and van Ta len NOES: Councilmember: None ABSENT: Councilmember: None ATTEST: MAYOR CITY CLrPK 7187 -6-