§ 13-224. Vesting rights

(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 as described in State Government Code Section 66474.2. However, if Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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 subsection (a), a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

(1) An approval or conditional approval 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. All extensions of time are discretionary and may be approved, conditionally approved, or denied.

(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 13-216, Duration of approval, appeal and abandonment. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of twenty-four (24) 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.

(2) The initial time period set forth in subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing time exceeds thirty (30) days from the date a complete application is filed.

(3) A subdivider may apply for a one-year extension at any time before the initial period set forth in subsection (c)(1) expires. If the extension is denied, the denial may be appealed to the city council within fifteen (15) days.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. No. 97-11, § 2, 5-5-97)