Ord 1839 - Amending ArticleVIII of Chapter 27 of the Town Code Amending the Town Subdivision Ordinance to Provide for a Vesting Tentative MapORDINANCE 1839
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ARTICLE VIII OF CHAPTER 27 OF THE
TOWN CODE AMENDING THE TOWN SUBDIVISION ORDINANCE
TO PROVIDE FOR A "VESTING TENTATIVE MAP"
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Article VIII of Chapter 27 of the Town Code is amended to read as follows:
ARTICLE VIII. VESTING TENTATIVE MAPS
Section 27.08.010: Citation and Authority
This ordinance 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 of California (hereinafter referred to as the Vesting Tentative Map Statute), and may
be cited as the Vesting Tentative Map Ordinance.
Section 27.08.020: Purpose and Intent
It is the purpose of this ordinance 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 27. Except as otherwise set forth in the
provisions of this ordinance, the provisions of this Chapter 27 shall apply to vesting tentative
maps.
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.
Section 27.08.030: 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 the Zoning Ordinance or other applicable provisions of the Town Code.
Section 27.08.040: 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 27.08.060, and is thereafter
processed in accordance with the provisions hereof.
(b) All other definitions set forth in this Chapter are applicable.
Section 27.08.050: Application
(a) Whenever a provision of the Subdivision Map Act, as implemented and
supplemented by the Town Subdivision Ordinance, 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.
Section 27.08.060: 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:
(a) At the time a vesting tentative map is filed it shall have printed conspicuously
on its face the words "Vesting Tentative Map."
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(b) 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 the Town Zoning Ordinance 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 the Zoning Ordinance, 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.
Section 27.08.070: 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 for the expiration of the approval or conditional approval of a tentative map.
Section 27.08.080: Vesting on Approval of Vesting Tentative Man
(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 subdivision (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.
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(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 27.08.070. 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 (c)(1) shall be automatically
extended by any time used for processing a complete application for
Architecture and Site Approval, if such processing exceeds 30 days, from the
date a complete application is filed.
(3) Reasonable extensions of time not exceeding one 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 10 calendar days.
(4) If the subdivider submits a complete application for a building permit
during the periods of time specified in subdivisions (1) - (3), the rights
referred to herein shall continue until the expiration of that permit, or any
extension of that permit.
Section 27.08.090: Applications Inconsistent with Current Policies
Notwithstanding any provision of this ordinance, 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 27.08.080 and the Town may grant these
approvals or issue these permits to the extent that the departures are authorized under
applicable law.
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SECTION II
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this ordinance is adopted the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on December 17, 1990 and adopted by the following vote as an
ordinance of the Town of Los Gatos at a regular meeting of the Town Council on January
7, 1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson, Mayor
Brent N. Ventura
NAYS: None
ABSTAIN: None
ABSENT: None
SIGNED: �a�
MAYOR OF THE TOWN OF LOS GATOS
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