Belmont Municipal Code Div. 3 Development 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 described in Government Code section 66474.2. However, if section 66474.2 of the Government Code is repealed, the approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the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.

(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.

(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 17-33. 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 from the recordation of the final map. Where 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 a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

(3) A subdivider may apply to the City Council for a one-year extension at any time before the initial time period set forth in (c)(1) expires.

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

(Ord. No. 741, § 3-1, 12-10-85)

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. Notwithstanding any other provision of this article or the Subdivision Ordinance, no vesting tentative map shall be approved where the intended development shown on said map is inconsistent with the zoning ordinance in existence at the time it is considered for approval.

(b) The rights conferred by this section shall be for the time periods set forth in section 17-41(c).

(Ord. No. 741, § 3-2, 12-10-85)

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 sections 17-41(a) and 17-42; and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 741, § 3-3, 12-10-85)