18.20.130 Vesting tentative map.
A. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this Chapter, except as hereinafter provided
1. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map;”
2. The subdivider shall also supply any additional information required, and meet any additional requirements imposed by the City during the vesting tentative map approval process;
B. 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.
C. Notwithstanding Subsection B above, a permit, approval, extension, or entitlement may be made conditional 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;
D. The rights conferred herein shall expire if a final map is not approved before the expiration of the vesting tentative map as provided in Section 18.20.120A. If a final map or parcel map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year. 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.
2. The initial time period set forth in Subsection D1 above shall be automatically extended by any time period used for processing a complete application for a grading permit or for design and architectural review, if such processing exceeds 30 days from the date a complete application for the permit or review is accepted as complete.
3. A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period set forth in Subsection D1 expires. If the extension is denied, the subdivider may appeal that denial to the City Council within fifteen days after the Planning Commission has denied the extension.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsection D1 through 3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
E. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it, conditioned on the subdivider, or his or her designee, obtaining the necessary amendment to the zoning ordinance to eliminate the inconsistency. If the amendment to the zoning ordinance is obtained, the approved or conditionally-approved vesting tentative map shall, notwithstanding Subsection B of this Section or Section 18.20.140A1 below, confer a vested right to proceed with the development in substantial compliance with the amendment to the zoning ordinance and the map, as approved.
F. Notwithstanding any provisions of this Section, a property- owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Subsections A through E of this Section, and the City may grant these approvals or issue permits under them to the extent that such departures are authorized by applicable law. (Ord. 89-2 § 2, 1989; Ord. 85-8 §§ 1-11, 1985.)