Sec. 21-8-6. Consistency.

(a) Any land subdivided and developed pursuant to a vesting tentative map shall be consistent with the general plan, any applicable specific plans, the zoning ordinance and any other applicable provisions of the city code. 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 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 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) 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 subdivision (b) of Section 66498.1 and subdivision (a) of Section 66498.3 of the Subdivision Map Act, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. No. 1500, § 3 (part).)