A. Purpose: The purpose of this section is to establish procedures necessary for the implementation of the provisions of Government Code section 66452 relating to vesting tentative maps, vested parcel maps, or tentative tract maps.
B. Application Filing:
1. Whenever a provision of the act or this chapter requires the filing of a tentative parcel or tract map, a vesting tentative map may instead be filed.
2. 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 is required of tentative maps in compliance with this chapter, except as otherwise provided in this section.
3. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map".
4. At the time a vesting tentative map is filed a subdivider shall also supply all of the following information:
a. The height, location, and size of all existing and proposed structures.
b. Detailed information on the use(s) of the existing and proposed structures.
c. Architectural plans for tract development or design guidelines for custom subdivisions.
d. Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the town to determine future circulation needs.
e. Detailed grading plans.
f. Flood control information.
g. Hazardous materials - level 1 study.
h. Road, sewer, stormwater, and water details.
i. Soils report.
j. Any other studies the director and/or town engineer may require to thoroughly evaluate the project.
k. The director may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the vesting tentative map.
C. 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 the act and/or this chapter for the expiration of approved or conditionally approved tentative maps.
D. Vesting On Approval Of Vesting Tentative Map:
1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with Government Code section 66474.2.
2. However, if Government Code section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial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 was approved or conditionally approved.
3. Notwithstanding subsection D1 of this section, the review authority may condition or deny a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:
a. 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; or
b. The condition or denial is required in order to comply with state or federal law.
4. The review authority may alter any condition(s) of a vesting tentative map through an amendment in compliance with section 9.91.120, "Amendments To Approved Tentative Maps And Conditions", of this chapter in order to protect against conditions dangerous to public health and safety or to comply with state or federal law.
E. Expiration Of Vested Rights:
1. The vested rights referred to in this section shall expire if a final map is not approved before the expiration of the vesting tentative map, as provided in the act.
2. If the final map is approved, the vested rights shall last for the following periods of time:
a. An initial time period of twenty four (24) months.
b. A subdivider may apply for a twelve (12) month extension thirty (30) days before expiration in compliance with subsection C, "Expiration", of this section.
c. If the extension is denied, the subdivider may appeal that denial within ten (10) calendar days after the denial, in compliance with chapter 9.81, "Appeals", of this title. (Ord. 242, 9-3-2013)