A. Time Limit of Filing. Within a period of twenty-four months after the date upon which the Planning Commission or the City Council granted its approval or conditional approval of a vesting tentative map, the subdivider may cause the map to be surveyed and a final map to be prepared and recorded, as provided in this chapter, in substantial compliance with the vesting tentative map as approved.
B. Limitations of Approval of the Vesting Tentative Map.
1. The approval or conditional approval of a vesting tentative map shall be valid for a period of twenty-four months after the date upon which the Planning Commission or the City Council, whichever is applicable, granted approval or conditional approval of the map.
2. Upon written application, filed with the Director of Development Services within the twenty-four month period following approval or conditional approval of the subdivision, extension beyond the twenty-four month period may be granted by the Planning Commission. The sum of all such extensions shall not exceed a total of thirty-six months. If the request for extension is denied, then the applicant or owner may appeal to the City Council.
C. Limitations of Approval after the Vesting Map is Recorded.
1. If the final vesting map is recorded within the time limits set forth in this section, the rights established by the vested map shall last for an initial time period of one year.
2. The developer will have one year after the recording of the final vesting map to apply for a building permit, and the Planning Commission may extend that for one additional year to a total of two years.
3. The developer may apply for a one year extension at any time before the initial time period set forth in subsection (C)(1) of this section, expires. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen days.
4. If the developer files a complete application for a building permit within the time limits stated in this subsection, the right continues through the life of the building permit, including any extension the Planning Commission grants to the permit.
D. Expiration of Rights. If the developer lets any one of the time periods B and C of this section, expire, the vesting rights shall also expire and the developer is then treated the same as if he or she were an ordinary applicant without the rights accorded by the vesting map.
E. Denials. Notwithstanding Section 16.10.050 of this chapter, the City may condition or deny any permit, approval, extension or entitlement if it determines any of the following:
1. A failure to do so would place the occupants 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.
F. Time Extension for Processing. The initial time period set forth in subsection (C)(1) of this section shall automatically be 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 days, from the date a complete application is filed.
G. Phasing. Where several final vesting 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 vesting map for the phase is recorded.
H. Moratoriums.
1. The time specified in subsection B of this section shall not include any period of time during which a development moratorium, imposed after approval of the vesting tentative map, is in existence; provided, however, that the length of the moratorium does not exceed five years.
2. Once a moratorium is terminated, the vesting tentative map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. In no case shall this time be less than one hundred twenty days.
3. For the purpose of this chapter, a development moratorium shall include actions which regulate land use, development or the provision of services to the land which thereafter prevents, prohibits or delays the approval of a vesting tract map or vesting parcel map.
(Ord. 2722 (part), 1990).