A. Vested Right. 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. Findings for Conditional Approval or Disapproval. Notwithstanding subsection A., above, a permit approval, extension or entitlement may be made conditional or disapproved if any of the following findings of fact findings can be made in a positive manner:
1. The 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 condition or disapproval is required, in order to comply with state or federal law.
C. Periods of Time. The rights referred to herein shall expire if a final map is not approved before the expiration of the vesting tentative map in compliance with Section 16.96.040 (Expiration). If the final map is approved. these rights shall last for the following periods of time:
1. One Year. An initial time period of one year beyond the recording of the final or parcel map. 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. All final or parcel maps shall be recorded within the time period outlined in Section 16.96.040 (Expiration). or the vesting tentative map approval shall expire for those parcels for which final or parcel maps are not re-corded in a timely manner;
2. Grading Permit. The initial time period outlined in subparagraph 1.. above shall be automatically ex-tended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds thirty (30) days, from the date a complete application is filed;
3. Extension. A subdivider may apply for a one-year extension at any time before the initial time period outlined in subparagraph 1. above expires;
4. Building Permit. If the subdivider submits a complete application for a building permit during the periods of time outlined in subparagraphs I. through 3. above, the rights referred to subsection A., above shall continue until either expiration or extension of that permit; and
5. Reasonable Conditions. Consistent with subsection A., above, an approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the implementation of the subject development.
(Ord. 182 § 2 (part), 1997)