Scotts Valley Municipal Code Art. 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 § 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However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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 subsection (A) of this section, 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 in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.56.080 of this chapter. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of twenty-four months beyond the date of recording of the final map.

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 design or architectural review, if such processing exceeds thirty 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 time period set forth in sub-section (C)(1) of this section, expires. Any such extension request shall be processed in accordance with the provisions of the subdivision ordinance relating to extensions of time for tentative maps.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1), (2) and (3) of this section, the rights referred to in this chapter shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 64.4 § 1 (part), 1986)

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. 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 ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.56.090(A), of this chapter, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B. The rights conferred by this section shall be for the time periods set forth in Section 16.56.090(C) of this chapter.

(Ord. 64.4 § 1 (part), 1986)

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 Section 16.56.090 of this chapter, and such approvals or permits may be granted to the extent that the departures are authorized under applicable law.

(Ord. 64.4 § 1 (part), 1986)