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 determined:
(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:
(1) An 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;
(2) The 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 thereof.
(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 (part).)