§ 20-258. 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 Government Code section 66474.2.

However, if section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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 in effect at the time the vesting tentative map is approved or conditionally approved.

(b)

Notwithstanding subsection (a) herein, a permit, approval, extension or entitlement may be made conditional or denied if either of the following is determined:

(1)

A failure to do so should 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.

(c)

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 20-257. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of two (2) years. 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 in subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

(3)

A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (c)(1) expires. If the extension is denied, the subdivider may appeal that denial to the board of supervisors within fifteen (15) days.

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in sections (1) through (3) herein, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)