§ 21.38.060. Vesting on approval of vesting tentative map.

A.

The approval or conditional approval of a vesting tentative map by the advisory agency shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete, pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code.

B.

Notwithstanding the above provisions, a permit, approval, time extension and/or entitlement may be made conditioned or denied if any of the following are determined by the local agency:

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

2.

The condition or denial is required in order to comply with the mandates of either state or federal law.

C.

The vested rights created herein by the approval or conditional approval of a vesting tentative map shall lapse, expire and be of no force and effect if the final map, parcel map or grant of waiver is not approved by the legislative body, advisory agency or other entity authorized to grant approval prior to the time limits set forth in Section 21.38.050. If a final map, parcel map or grant of waiver is approved in compliance with said section, these vested rights shall be effective for an initial period of not to exceed one year thereafter. Prior to the expiration of the initial one-year period, the subdivider may apply for an additional one-year extension of the period of the vested right to the advisory agency. If the extension is denied, the subdivider may appeal the denial to the board of supervisors within 15 days after the action of the advisory agency.

D.

Where several final maps, parcel maps or grants of waiver are recorded on various phases of a development project covered by a single vesting tentative map, the aforesaid one-year time period shall run for each phase when the final map, parcel map or grant of waiver for that phase is recorded. The subdivider may file for a one-year extension as provided for in subsection C and appeal the denial of same in accordance therewith.

E.

Where a complete application for a building permit is submitted by the subdivider within the time periods set forth above, the vested rights conferred by this chapter shall continue in full force and effect until the expiration of that permit, or any valid extension of the permit which may be granted by the department of public works.

F.

The precise amount of fees required to be paid as a condition precedent to recording a map and/or completing a development shall be the amount in effect at the time of payment of fees.

(Ord. 86-0040 § 2 (part), 1986).