(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 in effect at the time the vesting tentative map application was deemed complete for processing subject to the exceptions stated below. At the time of construction of any buildings within the subdivision, the subdivider shall pay construction and building permit fees, school district fees, and other development fees as required by any conditions on the vesting tentative map. However, the city may adjust the amount of such fees in accordance with applicable fee schedules in effect at the time of issuance of any required grading, construction, or building permits, unless otherwise specified in the conditions on the vesting tentative map. Except as provided in division (B) below no new type of fee established after approval of the vesting tentative map shall be applicable to development of the subdivided property.
(B) Notwithstanding division (A) above, the city may deny or impose new conditions on any permit, approval, extension, or entitlement for development within a property subject to a vesting tentative map if it makes any of the following findings:
(1) A failure to do so would place the residents or occupants of the subdivision or the immediate community, or both in a condition dangerous to their health or safety; or
(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 and recorded prior to the expiration of the vesting tentative map as provided in § 10-2.1214. If the final map is recorded these rights shall last for the following periods of time:
(1) An initial time period of one year. 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 above shall be automatically extended by any time used for processing a complete application for grading permit or for design or architectural review (compliance with precise or site plan review requirements) of such processing exceeds 30 days from the date an application for the permit or review is found to be complete.
(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in division (C)(1) above expires. The time extension request shall be considered by the Planning Commission in accordance with the provisions set forth in § 10-2.1216. If a time extension request is denied by the Planning Commission, the subdivider may appeal the denial to the City Council within 15 calendar days of such action.
(4) If the subdivider submits a complete application for a building permit during the periods of time specified in divisions (C)(1) through (C)(3) above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 651 C.S., passed 3-6-96)