§ 1400-253. RIGHTS CONFERRED  


Latest version.
  • (a)

    Approval Standards. 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 Section 66474.2 of the California Government Code. However, if Section 66474.2 of the California Government Code is repealed, the approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and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 was approved.

    (b)

    Additional Permit Conditions or Denials. A permit, approval, extension, or entitlement associated with a vesting tentative map may be made conditional or denied if any of the following are determined:

    (1)

    A failure to do so would place the residents or occupants 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)

    Expiration of Rights Conferred. The rights conferred by approval of a vesting tentative map shall expire if a final map or parcel map is not recorded prior to the expiration of the vesting tentative map. If the final map or parcel map is recorded, these rights shall last for the following periods of time:

    (1)

    An initial time period of one year beyond the recording of the final or parcel map. Where several final or parcel maps are to be 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 or parcel map for that phase is recorded.

    (2)

    The initial time period set forth above in Section 1400-253(c)(1) shall automatically be extended by any time period used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date the complete application is filed.

    (3)

    A subdivider may apply for a one year extension at any time before the initial time period set forth in Section 1400-253(c)(1) above expires. If the extension is denied, notwithstanding the time period specified in Section 1400-850 of this Chapter, the subdivider may appeal that denial to the Board of Supervisors within 15 calendar days. Any such appeal shall be processed pursuant to Section 1400-850.

    (4)

    If the subdivider or other interested party submits a complete application for a building permit during the periods of time specified in Sections 1400-253(c)(1) through 1400-253(c)(3), the rights conferred by the vesting tentative map shall continue until the expiration of that building permit, or any extension of the permit.