16.26.080 Vesting on approval of vesting tentative map.
A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with residential development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed the approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the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 or vesting tentative parcel map was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the city council.
B. Notwithstanding subsection A of this section, a permit or entitlement for development may be conditionally approved or denied if at the time of the issuance of the permit approval or entitlement it is determined by the issuing authority or the city council on appeal that:
1. 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; or
2. The conditional approval or denial is required in order to comply with state or federal law.
C. The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if:
1. A final map or parcel map is not approved prior to the expiration of the vesting tentative map or the vesting tentative parcel map;
2. The applicant has requested and the city has approved a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved.
D. Upon the filing of a final map or parcel map for a vesting tentative map or vesting tentative parcel map, the rights conferred by subsection A of this section shall continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map, this period shall begin for each phase when the final map or parcel map for that phase is recorded.
E. A subdivider may apply to the city council for a one-year extension of the rights conferred by subsection D of this section at any time before the time period set forth in subsection D of this section expires. An extension may be granted only if the council finds that the map still complies with the requirements of this title. The city council may approve, conditionally approve or deny an extension in its sole discretion.
F. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections D and E of this section, the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.
G. Upon the expiration of the time limits specified in subsection A, D, E or F of this section, all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter. (Ord. 617 §2 (Exh. A), 2011; Ord. 488 §1 (Exh. A), 2004).