Carson Municipal Code § 9208.9 Vested Rights Created by Approval of Vesting Tentative Map

(a) Subject to the time limits established by subsection (c) of this Section, 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. If Section 66474.2 of the Government Code is repealed, however, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance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 subject to the time limits established by subsection (c) of this Section.

(b) Notwithstanding subsection (a) of this Section, a permit, approval, extension, or entitlement may be made conditional or denied even though such action may be contrary to the ordinances, policies, and standards described in subsection (a) 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 in subsection (a) of this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in CMC § 9208.8. If the final map is timely approved, such rights shall exist for the following periods of time:

(1) An initial time period of one (1) year after the recording of the final map. 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) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for site plan and design review, if such processing exceeds thirty (30) days from the date a complete application is filed.

(3) The subdivider may apply to the Planning Commission for a one (1) year extension at any time before the expiration of the initial time period set forth in subsection (c)(1) of this Section. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen (15) days thereafter.

(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) of this Section, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof.

(Ord. 85-730U § 1)

Any time prior to the expiration of a vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to such map. A public hearing shall be held by the Planning Commission on any amendment involving a substantial modification to the subject subdivision or development related thereto. The Planning Commission may approve, conditionally approve or disapprove the proposed amendment. The decision by the Planning Commission on the requested amendment shall be appealable to the City Council in the manner provided by CMC § 9173.4.

(Ord. 85-730U § 1)