(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 Cal. Gov’t Code § 66474.2. However, if Cal. Gov’t Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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) The above notwithstanding, a permit, approval, extension, or entitlement may be made conditional or may be denied if either of the following are determined:
(1) 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.
(2) The condition(s) or denial is required in order to comply with state or federal law.
(C) The provisions of this section shall not:
(1) Limit the city from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in division (A) of this section.
(2) Diminish or alter the city’s power to impose conditions on a development to protect against a condition dangerous to the public health or safety.
(D) If a final map or a parcel map is approved prior to the expiration of the vesting tentative map and is subsequently recorded, the tentative map vesting rights for the final map area or parcel map area shall last for the periods listed below:
(1) An initial time period of two years following recordation of the final map or parcel map. Where several final maps or parcel maps are recorded on phases of a project covered by a single vesting tentative map, the two-year time period for each final map or parcel map shall begin on the date of recordation of that map.
(2) The initial time period set forth in the above paragraph shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days; provided, however, that such extension shall only be for the number of days in excess of 30 days, and provided further that such extensions shall not be cumulative.
(3) If, during the two-year period following recording of a final map or parcel map, the city receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the vesting tentative map shall continue until the expiration of the building permit.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)