23.12.070 Rights of a vesting tentative map.
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 of the Subdivision Map Act. 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 Gov’t. Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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. Notwithstanding subsection (A) of this section, a permit, approval, extension, or entitlement may be conditioned or denied if any of the following are determined:
1. A 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 or denial is required in order to comply with state or federal law.
C. The rights referred to herein shall expire if a final or parcel map is not approved prior to the expiration of the vesting tentative map. If the final or parcel map is approved prior to expiration, these rights shall last for the following periods of time:
1. An initial time period of one year beyond the recording of the final map or parcel map. Where maps are recorded on various phases of a project covered by a single vesting tentative map, this one year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in SCC 23.12.060 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
2. The one-year initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.
3. A subdivider may apply to the Planning Commission for a one year extension at any time before the initial time period set expires. If the extension is denied, the subdivider may appeal that denial to the Board of Supervisors within 15 days in accordance with SCC 20.05.130.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (C)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Formerly 23.12.007)