Chapter 152 — SUBDIVISION REGULATIONS

(A) A report as to conformity to the General Plan, which is required pursuant to Cal. Gov't Code § 65402 as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the Advisory Agency on such division of land.

(B) Such report shall not be required for a proposed subdivision which involves:

(1) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

(2) Acquisitions, dispositions, or abandonments for street widening; or

(3) Alignment projects, provided the Advisory Agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.

('65 Code, § 9-2.01) (Ord. 168-C.S., passed - - )

This chapter is adopted to supplement and implement the Subdivision Map Act of the state (Cal. Gov't Code §§ 66140 et seq.) and may be cited as the Subdivision Law of the City of San Gabriel.

('65 Code, § 9-2.02) (Ord. 168-C.S., passed - - )

Whenever any words or phrases as used in this chapter are not defined in this chapter but are defined in the Subdivision Map Act of the state as last amended, such definitions are incorporated in this chapter and shall be deemed to apply as though set forth in this chapter.

('65 Code, § 9-2.03) (Ord. 168-C.S., passed - - )

The Planning Commission shall constitute the Advisory Agency for tentative maps, parcel maps, and minor subdivision maps. ('65 Code, § 9-2.04) (Ord. 168-C.S., passed - - )

When a parcel map is required by this chapter, a tentative parcel map shall first be filed with the Planning Commission. Such map shall meet all the requirements for tentative maps provided by the Subdivision Map Act of the state and this chapter.

('65 Code, § 9-2.05) (Ord. 168-C.S., passed - - )

(A) Every person submitting a request for subdivision or other lot line adjustment pursuant to this chapter shall pay a processing fee in an amount established by the City Council, from time to time, by resolution.

(B) If additional lots or acres are added before the processing of the map is completed, the fee shall be increased in an amount established by the City Council, from time to time, by resolution. If a revised map is substituted for an approved or conditionally approved map, an additional fee equal to one-fourth the original fee shall be paid for processing the revised map.

(C) A filing fee shall be required for all appeals from Planning Commission decisions, and such filing fee shall be an amount established by Council resolution. ('65 Code, § 9-2.06) (Ord. 168-C.S., passed - - ; Am. Ord. 250-C.S., passed - - ; Am. Ord. 307-C.S., passed - - )

Tentative maps shall be filed with the secretary of the Planning Commission and shall be processed in accordance with the Subdivision Map Act of the state and the provisions of this chapter. The subdivider shall file as many copies of the tentative map as may be required by the Community Development Director. ('65 Code, § 9-2.07) (Ord. 168-C.S., passed - - )

Any tentative map of a minor subdivision, parcel map, or subdivision map shall show:

(A) The tract number, if a subdivision as defined in the Subdivision Map Act of the state;

(B) The date, north point, and scale;

(C) Sufficient legal description of land to define the boundaries of the proposed division of land;

(D) A key map indicating the location of the proposed division of land in relation to the surrounding area;

(E) The name and address of the record owner, the subdivider, and the civil engineer or licensed surveyor under whose direction the map was prepared including registration number of the engineer or surveyor;

(F) The existing topography of the land proposed to be divided using contour intervals of not more than five feet, and of not more than two feet where the grade of the land is less than 5%. The contours of adjacent land shall also be shown wherever the surface features of such land affect the design and/or improvement of the proposed division. The tentative map shall contain a statement by the person preparing the map stating the source of contours shown on the map;

(G) The approximate location and outline to scale of each building or structure on the property proposed for division. Building or structures on adjacent property shall also be shown if such buildings or structures affect the design of the proposed subdivision. Each building shown shall be identified by house number or other identifying feature, including a notation for each building or structure to be retained;

(H) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse;

(I) The approximate location of each area covered by trees with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights-of-way;

(J) The location, width, approximate grade, and curb radii of all existing and proposed streets and highways within and adjacent to the proposed subdivision; (K) The width, purpose, and approximate location of all existing and proposed easements or rights-of-way, whether public or private, within and adjacent to the proposed subdivision;

(L) The approximate radius and arc length of each center line curve;

(M) The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, and the number of each lot; the proposed areas for public use; and the angle of intersecting streets or highways if such angle deviates from a right angle by more than four degrees;

(N) The location of all cut and fill slopes or a separate grading plan;

(O) Each street shown by its actual street name or by a temporary name or letter for purposes of identification until the proper name of such street is determined; (P) The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

(Q) (1) A geologic soils report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations, unless the Community Development Department shall determine that, due to the knowledge such Department has as to the soil qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the person filing the tentative map shall submit a soils investigation of each lot in the subdivision prepared by a civil engineer who is registered in the state which will recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The Community Development Department shall approve the soils investigation if it determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed and shall require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the building permit.

(2) If the Community Development Director finds that a written geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, the person filing the tentative map shall submit such a report to the Community Development Director. The report shall be prepared by a registered engineering geologist;

(R) (1) The Community Development Director may require all proposed dedications or offers of dedication to be made by deed.

(2) Such information may be furnished separately from the map itself.

(3) The Community Development Director may waive any of the foregoing requirements whenever he finds that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. The Community Development Director may require such drawings, data, or other information as are deemed necessary; and

(S) The Planning Commission shall make investigations and reports on the design and improvement of any proposed division of real property for which a tentative map, parcel map, or minor subdivision map is filed, and shall have the authority to impose requirements and conditions upon such division of land, and to approve, conditionally approve, or disapprove such map and division of land. The Community Development Director shall advise and assist in making investigations and reports on tentative maps. ('65 Code, § 9-2.08) (Ord. 168-C.S., passed - - )

(A) Some divisions of land create legal and technical problems which are beyond the control of the landowner. When practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the zoning regulations or of this chapter occur through a strict interpretation of their provisions, the Planning Commission may exempt such division of land from some or all of the provisions of this chapter. Such divisions of land shall include, but shall not necessarily be limited to, the following:

(1) The conveyance or transfer of land, or any interest therein, to the United States, or any agency thereof, the state, county, a city, school district, special district, or public utility;

(2) The division of a parcel of land to correct or make minor adjustments in a boundary line between existing parcels provided the parcel remaining after such division conforms in area to the zoning regulations; and

(3) The division of a parcel of land for the purpose of increasing the size of parcels adjoining such parcel provided the parcel remaining after such division conforms in area to the zoning regulations.

(B) The Planning Commission, in the exercise of sound, reasonable judgment, may grant such variations as it determines warranted or required because of the size, use, physical condition, or other conditions of the property or the type of subdivision; provided, however, no variation may be made to any requirement imposed by the Subdivision Map Act of the state.

('65 Code, § 9-2.09) (Ord. 168-C.S., passed - - )

The Planning Commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Cal. Gov't Code § 66451.3 of the Subdivision Map Act of the state and as provided in an application for a variance from the zoning provisions set out in §§ 153.260 through 153.269. Any interested person may appear at such a hearing and shall be heard.

('65 Code, § 9-2.10) (Ord. 168-C.S., passed - - )

(A) Expiration. The approval or conditional approval of a tentative map shall expire two years after the date the map was approved or conditionally approved.

(B) Extensions. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by a written application to the Community Development Director, such application to be filed before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed, and existing conditions may be revised. A fee shall be paid to the city upon the filing of each request for extension in an amount established by the City Council, from time to time, by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this chapter.

(C) Time limits on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three years.

(D) Effect of map modifications on extensions. The modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(E) Expirations of tentative maps. Expiration and extensions of tentative maps shall be further governed by the provisions of Cal. Gov't Code § 66452.6. ('65 Code, § 9-2.11) (Ord. 168-C.S., passed - - ; Am. Ord. 252-C.S., passed - - ; Am. Ord. 307-C.S., passed - - )

Failure to file a parcel map with the County Recorder within 90 days after the approval or conditional approval of such map shall terminate all proceedings. Any subdivision of the same land shall require the filing of a new map.

('65 Code, § 9-2.12) (Ord. 168-C.S., passed - - )

(A) The subdivider may appeal from any action of the Planning Commission with respect to a tentative map to the Council as provided in Cal. Gov't Code § 66452.5. Such appeal and the hearing thereon shall be conducted in the manner provided by Cal. Gov't Code § 66452.5(a) and (b) and the provisions of this chapter.

(B) Any interested person may appeal any decision of the Planning Commission relative to the provisions of Cal. Gov't Code §§ 66473.5, 66474, 66474.1, and 66474.6 to the Council. Such appeals and the hearings thereon shall be conducted in the manner provided by Cal. Gov't Code § 66452.5(d) and (b) and the provisions of this chapter. ('65 Code, § 9-2.13) (Ord. 168-C.S., passed - - )

The Advisory Agency may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon and that, if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.

('65 Code, § 9-2.14) (Ord. 168-C.S., passed - - )

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. ('65 Code, § 9-2.15) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

Dedications or offers of dedication of real property for streets, highways, and other public ways; access rights and abutter's rights; drainage and public utility easements; building restriction rights; and other public easements may be required for a minor land division or parcel map.

('65 Code, § 9-2.16) (Ord. 168-C.S., passed - - )

If dedications or offers of dedication are required for a minor land division or parcel map, they may be made either by certificate on the parcel map or by separate instrument. ('65 Code, § 9-2.17) (Ord. 168-C.S., passed - - )

The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map, unless dedications or offers of dedication are made by certificate on the parcel map.

('65 Code, § 9-2.18) (Ord. 168-C.S., passed - - )

Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds, together with the name of the trustee, and all easement holders.

('65 Code, § 9-2.19) (Ord. 168-C.S., passed - - )

Prior to the filing of any final map or parcel map, the subdivider shall pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to the provisions of Cal. Gov't Code § 66483.

('65 Code, § 9-2.20) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

The purpose of this chapter is to make provisions for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to the provisions of Cal. Gov't Code § 66484. ('65 Code, § 9-2.21) (Ord. 168-C.S., passed - - )

(A) Required. Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act of the state for which security is required shall be secured in the manner provided for in Cal. Gov't Code § 66499 of said Subdivision Map Act. ('65 Code, § 9-2.22)

(B) Amount.

(1) The improvement security shall be in the amount of 100% of the total estimated cost of the improvement as set forth or authorized in Cal. Gov't Code § 66499.3 of the Subdivision Map Act of the state. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

(2) The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10% of the original estimated cost of the improvement.

('65 Code, § 9-2.23)

(C) Release. The improvement security required by the provisions of this chapter shall be released in the following manner:

(1) Security given for the faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of division (C)(2) of this section.

(2) The Community Development Director may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon an application therefor by the subdivider; provided, however, no such release shall be for an amount less than 10% of the total improvement security given for the faithful performance of the act or work, and the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until the final completion and acceptance of the act or work. In no event shall the Community Development Director authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this chapter, the Subdivision Map Act of the state, or the improvement agreement.

(3) Security given to secure payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the Community Development Director to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

ual to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the Community Development Director to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(4) No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof. ('65 Code, § 9-2.24) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

(A) A preliminary soils report, prepared by a civil engineer registered in the state and based upon adequate test borings, shall be submitted to the Community Development Director for every subdivision.

(B) A preliminary soils report may be waived by the Community Development Director providing the Community Development Director finds that, due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

(C) (1) If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Community Development Director. Such soils investigation shall be done by a civil engineer registered in the state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

(2) The Planning Commission may approve the subdivision or portion thereof, where such soils problems exist if the Planning Commission determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

('65 Code, § 9-2.25) (Ord. 168-C.S., passed - - )

(A) At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Cal. Bus. & Prof. Code § 8771 so that another engineer or surveyor may readily retrace the survey.

(B) All monuments necessary to establish the exterior boundaries of the subdivision and the center lines of streets and alleys in the subdivision shall be set or referenced prior to the recordation of the final map.

('65 Code, § 9-2.26) (Ord. 168-C.S., passed - - )

The lot and block design shall be satisfactory to the Planning Commission as to standards set forth in this chapter, and the size of lots shall conform to the requirements of the zoning regulations of the city. Every lot hereafter created, established, or altered in Zones R-1, R-1A, R-2, and R-3 shall have a width of not less than 50 feet at the front setback line.

('65 Code, § 9-2.27) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

The width, grade, and location of streets and alleys shall conform with other established or dedicated streets and alleys and with the Master Plan of Highways of the county or of the city.

('65 Code, § 9-2.28) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

Public utilities, fire hydrants, sewers, drainageways, and easements shall be properly located and provided.

('65 Code, § 9-2.29) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

Street trees shall be located wherever required by the Community Development Department and shall be of a type approved by the Community Development Director. ('65 Code, § 9-2.30) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

All sidewalks, curbs, gutters, pavement, street lights, drainage structures, sanitary sewers, public utilities, and laterals to the property line shall be constructed at the expense of the subdivider and according to the plans, profiles, and specifications approved by the Community Development Director. ('65 Code, § 9-2.31) (Ord. 168-C.S., passed - - ) Penalty, see § 10.99

The County Surveyor is hereby designated as the agency for checking all final subdivision maps and record of survey maps as to their compliance with the Subdivision Map Act of the state and the provisions of this chapter. Such checking shall be completed prior to the submission of each such map to the Council for final approval. Adequate, permanent survey monuments, located and established to the satisfaction of the County Surveyor, shall be shown on each such map. ('65 Code, § 9-2.32) (Ord. 168-C.S., passed - - )

A lot line adjustment is an adjustment between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where no additional parcels are created. Lot line adjustments may be used to merge four or fewer adjoining lots into a fewer number of lots. Except as otherwise specified in this Chapter 152, a lot line adjustment shall conform to the provisions of this section and shall be processed as provided for herein.

• (A) An application for a lot line adjustment shall be filed with the Community Development Department. Such application shall include:

• (1) Proof that the lots involved have been legally created;

• (2) A plot plan indicating existing lot dimensions and the location of existing structures, utilities, infrastructure and easements;

• (3) Deeds suitable for recording showing the proposed new lot configurations and if required by Business and Professions Code section 8762, a record of survey;

• (4) Any other information necessary to determine whether the proposed adjustment will conform with zoning and building codes; and

• (5) A fee in an amount to be determined by resolution of the City Council for the purpose of defraying costs to process the request.

• (B) The Community Development Director shall act upon the lot line adjustment application within 60 days from the date that the environmental documentation is completed or the determination is made that the project is exempt from the California Environmental Quality Act.

• (C) The Director shall approve or conditionally approve the application in writing after investigation and receipt of reports from other departments, if it is found that the proposed lot line adjustment conforms to all of the following requirements:

• (1) Does not create an additional lot;

• (2) The resulting parcels conform to the City's General Plan, Zoning and Building Codes;

• (3) Does not cut off any lot from frontage on a public street or alley;

• (4) Does not cut off any lot from access to a public utility or easement, or create a need or a new utility or easement, other than relocation of existing utilities or easements;

• (5) Does not cause the need for a new or extended public street or easement other than relocation of an existing street easement;

• (6) Does not cause the need for any new infrastructure, other than the relocation of existing infrastructure;

• (7) Does not cause an existing building or structure located on the parcels to be in violation of the City's General Plan, Zoning or Building Codes;

(8) Complies with requirements as to area, easements, utilities, improvement, design, floodwater drainage, sanitary disposal facilities and water supply availability.

(D) If the Director approves or conditionally approves the lot line adjustment, the Director shall so certify the deed and the City Engineer shall issue a certificate of compliance or conditional certificate of compliance, both of which shall be filed with the County Recorder's office after the appeal period has expired.

(E) Appeals shall be made to the City Council in accordance with the provisions set forth in § 153.004.

(Ord. 535-C.S., passed 1-20-04)

VESTING TENTATIVE MAPS

This subchapter is enacted pursuant to the authority granted by Cal. Gov't Code Title 7, Division 2, Chapter 4.5, commencing with § 66498.1 (referred to in this chapter as the Vesting Tentative Map Statute) and may be cited as the Vesting Tentative Map Law. ('65 Code, § 9-4.101) (Ord. 273-C.S., passed - - )

(A) It is the purpose of this subchapter to establish the procedures necessary for the implementation of the Vesting Tentative Map Statute and to supplement the provisions of the Subdivision Map Act of the state and the subdivision provisions. Except as otherwise set forth in the provisions of this subchapter, the subdivision provisions set forth in Chapter 152 of this title shall apply to the Vesting Tentative Map Law.

(B) To accomplish this purpose, the regulations set forth in this subchapter 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.

('65 Code, § 9-4.102) (Ord. 273-C.S., passed - - )

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 provisions or other applicable provisions of this code.

('65 Code, § 9-4.103) (Ord. 273-C.S., passed - - )

(A) For the purpose of this subchapter, VESTING TENTATIVE MAP shall mean a “tentative map” for a residential subdivision, as such term is used in §§ 152.07 through 152.09 of this title, which map shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with § 152.08 of this title and is thereafter processed in accordance with the provisions of this chapter.

(B) All other definitions set forth in Chapter 152 of this title relating to subdivisions shall be applicable. ('65 Code, § 9-4.104) (Ord. 273-C.S., passed - - )

(A) Whenever a provision of the Subdivision Map Act of the state, as implemented and supplemented by the subdivision provisions set forth in Chapter 152 of this title, 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 of this

chapter.

(B) 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.

('65 Code, § 9-4.105) (Ord. 273-C.S., passed - - )

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 Chapter 152 of this title for a tentative map, except as follows:

(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, a subdivider shall also supply the following information:

(1) Complete architectural and building plans as required by the Community Development Department when filing for a building permit;

(2) Plans for sewer, water, storm drain, and street improvements, including engineering studies, to confirm the adequacy of the proposed improvements; (3) Information of the uses to which the building will be put;

(4) Detailed grading plans;

(5) Plans and studies for street lighting and traffic control devices;

(6) Flood control information; and

(7) Any other information or studies required by the Community Development Director.

('65 Code, § 9-4.201) (Ord. 273-C.S., passed - - )

Upon filing a vesting tentative map, the subdivider shall pay the fees required by § 152.07 of this title. ('65 Code, § 9-4.202) (Ord. 273-C.S., passed - - )

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 § 152.12 of this title.

('65 Code, § 9-4.203) (Ord. 273-C.S., passed - - )

(A) (1) 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 Cal. Gov't Code § 66474.2.

(2) However, if said Cal. Gov't Code § 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 the provisions of division (A) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is determined:

(1) That 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 (2) That the condition or denial is required in order to comply with state or federal laws.

(C) The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 152.47 of this subchapter. If the final map is approved, such rights shall last for the following periods of time:

(1) An initial time period of two years. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, such 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 division (C)(1) of this section 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 after the date a complete application is filed;

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in division (C)(1) of this section expires. If the extension is denied, the subdivider may appeal such denial to the Council within 15 days; and

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in divisions (C)(1) and (3) of this section, the rights referred to in this section shall continue until the expiration of such permit or any extension of such permit.

('65 Code, § 9-4.301) (Ord. 273-C.S., passed - - )

(A) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at such time, such inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the approved or conditionally approved vesting tentative map, notwithstanding § 152.48(A), shall confer the vested right to proceed with the development in substantial compliance with a change in the zoning provisions and the map as approved.

(B) The rights conferred by this section shall be for the time periods set forth in § 152.48(C). ('65 Code, § 9-4.302) (Ord. 273-C.S., passed - - )

Notwithstanding any provision of this chapter, 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 § 152.48(A) and in § 152.49, and local agencies may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.

('65 Code, §9-4.303) (Ord. 273-C.S., passed - - )