18.19.030 Rights conferred.
A. Approval or conditional approval of a vesting tentative parcel map shall confer a right to proceed with residential development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed, the approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the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 parcel map was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved vesting tentative parcel map, or with ordinances, policies or standards described in this subsection, shall be resolved by the Council.
B. Notwithstanding subsection (A) of this section, the permit or entitlement for development may be conditionally approved or denied if, at the time of the issuance of the permit approval or entitlement, it is determined by the issuing authority or the Council on appeal that:
1. A failure to condition or deny the permit or entitlement would place the residents of the subdivision or of 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 state or federal law.
C. The rights conferred by a vesting tentative parcel map shall expire if:
1. A parcel map is not approved prior to the expiration of the vesting tentative parcel map.
2. The applicant has requested, and the City has approved, a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative parcel map has been approved.
D. Upon the filing of a parcel map for a vesting tentative parcel map, the rights conferred by subsection (A) of this section shall continue for one year. Where several parcel maps are recorded on various phases of a project covered by a single vesting tentative parcel map, this period shall begin for each phase when the parcel map for that phase is recorded.
E. The time period set forth in subsection (D) of this section shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is accepted.
F. The subdivider may apply to the City Council for a one-year extension of the rights conferred by subsection (D) of this section at any time before the time period set forth in subsection (D) expires. An extension may be granted only if the Council finds that the map still complies with the requirements of this chapter. The Council may approve, conditionally approve, or deny the extension in its sole discretion.
G. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (D) through (F) of this section, the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.
H. Upon the expiration of the time limit specified in subsection (A), (D), (E), (F) or (G) of this section, all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter.
I. Notwithstanding subsection (A) of this section, the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative parcel map. (Ord. 3153 § 2 (Exh. C), 2010).