This article 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 Article.
(§ 1, Ord. 572, eff. February 18, 2018)
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 1 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 1 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, safety and general welfare and for the promotion of orderly growth and development.
(§ 1, Ord. 572, eff. February 18, 2018)
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 Law of the Town of Los Altos Hills or other applicable provisions of the Los Altos Hills Municipal Code.
(§ 1, Ord. 572, eff. February 18, 2018)
A "vesting tentative map" means a tentative map for a residential subdivision, as defined in this Chapter 1 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 1 of Title 9 are applicable.
(§ 1, Ord. 572, eff. February 18, 2018)
This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Chapter 1 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.
(§ 1, Ord. 572, eff. February 18, 2018)
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 1 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 1 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 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.
(§ 1, Ord. 572, eff. February 18, 2018)
Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.
(§ 1, Ord. 572, eff. February 18, 2018)
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 1 of Title 9 for the expiration of the approval or conditional approval of a tentative map.
(§ 1, Ord. 572, eff. February 18, 2018)
(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 66474.2 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 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;
(2) 
The condition or denial is required, in order to comply with State or Federal law.
(§ 1, Ord. 572, eff. February 18, 2018)
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 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 processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 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 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 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.
(§ 1, Ord. 572, eff. February 18, 2018)
Notwithstanding any provision of this article, a property owner or 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.
(§ 1, Ord. 572, eff. February 18, 2018)