10-1.1208 Vesting on Approval of Vesting Tentative Map.

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 Government Code §66474.2.

However, if §66474.2 of the Government Code is repealed, the approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the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.

2. Notwithstanding subdivision a., a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

a. 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.

b. The condition or denial is required, in order to comply with state or federal law.

3. 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 §10-1.1207. If the final map is approved, these rights shall last for the following periods of time:

a. An initial time period of one (1) year after recording. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map for that phase is recorded. All of said final maps must be recorded within the time period set forth in §101.1207 or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded.

b. 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 review, if such processing exceeds thirty (30) days from the date a complete application is filed.

c. A subdivider may apply for a one-year extension at any time before the initial time period set forth in c.1. expires. The request for extension shall be submitted, in writing, to the Secretary of the Planning Commission. The Planning Commission shall review any request for extension and submit a recommendation to the City Council. An extension may be granted for a maximum period of one year.

The City Council shall deny a request for extension unless it finds that changes to any City Ordinances, policies, or standards that were adopted subsequent to the time of filing the vesting tentative map are not necessary to protect the public health, safety or welfare or if it finds that the extension is not beneficial to the public health, safety or welfare.

d. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections 1 and 3 and the building permit is approved, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.