A. The approval or conditional approval of a vesting tentative map in accordance with chapter 2 or 3 of this title, as applicable, shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards of the city in effect at the date the vesting tentative map application is determined to be complete; provided, however, that if the city has initiated proceedings by means of ordinance, resolution or motion to amend applicable plans or ordinances, and if the city has given notice of the proposed change as required by law, the city may apply any ordinances, policies or standards resulting from such proceedings which are in effect on the date the city approves, conditionally approves or disapproves the vesting tentative map.
B. Notwithstanding the provisions of subsection A of this section, the city may condition or deny a permit, approval, extension or entitlement if it makes any of the following determinations:
1. A failure to do so would place residents of the subdivision or parceled land or residents in the immediate community 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 described in this section shall expire if a final map or a final parcel map is not approved by the city prior to the expiration of the vesting tentative map. If the final map or a final parcel map is approved, these rights shall last for an initial time period of twelve (12) months from the date of recording of the final map or final parcel map. Where several final maps or final parcel 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 or final parcel map for that phase is recorded.
D. The initial time period set forth under subsection C of this section shall be automatically extended by any time required by the city for the processing of a complete application for a grading permit or for design or architectural review for all or part of the development within the proposed subdivision or area covered by the final parcel map, if such processing exceeds thirty (30) days from the date that a such complete grading permit or design or architectural review application is filed.
E. At any time prior to the expiration of the initial time period described in subsection C of this section, a subdivider may apply for a one year extension of such period. An application for an extension shall be submitted, in writing, to the department and shall state specifically those circumstances which are or were beyond the ability of the applicant to control and which justify the request. The applicant shall have the burden of proving justification for the extension of the initial time period. The planning commission may approve an application for an extension, may conditionally approve the application as permitted by law, or may deny the application. If the application for extension is denied or conditionally approved, the applicant may appeal the denial or conditional approval to the city council by filing a written appeal with the city clerk within fifteen (15) days after the date of the planning commission action. The appeal shall state, in writing, specifically why the applicant claims there was an error or abuse of discretion by the commission or why the commission's decision is not supported by the preponderance of the evidence in the record.
The city council shall hear the appeal at its first regular meeting at which the matter may be legally heard following the close of the appeal period. The applicant and any interested person shall be given an opportunity to be heard and present evidence. Upon close of the hearing, the city council may affirm, modify or reverse the decision of the planning commission. If the city council reverses denial of the extension or modifies conditional approval of the extension, the city council shall make findings in support of its decision.
F. If the applicant submits a complete application for a building permit during the periods of time specified under subsections C through E of this section, the rights described in subsections A and B of this section shall continue until the expiration of the permit or any extension of the permit by the city. (Ord. 2000-05, 4-25-2000)