§ 16.12.090. VESTING ON APPROVAL.

An approved or conditionally approved vesting tentative map shall confer rights as set forth in this section.

(A) Vested rights. 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 the Cal. Gov’t Code § 66498.1.

(B) Exceptions. Notwithstanding division (A) of this section, 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, the immediate community or both in a condition dangerous to their health, safety or both; or

(2) The condition or denial is required in order to comply with state or federal law.

(C) Time periods. The vested rights referred to herein shall expire if a final map or parcel map is not approved prior to the expiration of the vesting tentative map as provided in § 16.12.080. If the final map or parcel map is approved, vested rights shall continue as follows:

(1) Vested rights shall remain in effect for an initial time period of one-year from recordation of the final or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of the final maps must be recorded within the time period set forth in § 16.08.080 or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded.

(2) At any time prior to the expiration of the one-year time period set forth in division (C)(1) of this section, the subdivider may apply for a one-year extension. Requests for extension shall be submitted in writing to the Planning Director and shall be subject to fees as established by the Town Council.

(3) The one-year initial time period set forth in division (C)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if the processing exceeds 30 days from the date a complete application is filed.

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

(D) Subsequent conditioning. Consistent with division (A) of this section, an approved or conditionally approved vesting tentative map shall not limit the review authority from imposing reasonable conditions on subsequent required approvals or permits necessary for the development.

(Prior Code, § 16.04.090) (Ord. 670, passed - -1998)