CHAPTER 21. SUBDIVISIONS.
Article 8. Vesting Tentative Map.
Sec. 21-8-5. Vesting on approval of vesting tentative map.
(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 Section 66474.2 of the
Subdivision Map Act. Notwithstanding this, a permit, approval, extension or
entitlement may be conditioned or denied if either of the following is
(1) 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.
(b) 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 21-8-4. If the final map is
approved, these rights shall last for the following periods of time:
initial time period of twenty-four months from the recording of the final map or
parcel 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;
initial time period set forth above shall be automatically extended by any time
used for processing a complete application for a grading permit if one is
required 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 to the planning commission for a one-year extension at any time before
the initial time period set forth in subsection (b)(1) of this section expires.
If the extension is denied, the subdivider may appeal that denial to city
council within fifteen days;
(4) If the subdivider submits a complete
application for a building permit during the periods of time specified in
subsections (b)(1) through (b)(3) of this section, the rights referred to herein
shall continue until the expiration of that permit or any extension
(c) The planning commission, as the case may be, may require as a
condition of its approval that the payment by the subdivider of all development
fees required to be paid at the time of the application for, or issuance of, a
building permit or other similar permit shall be made at the rate for such fees
in effect at the time of such application or issuance. (Ord. No. 1500, § 3