The city council shall approve, conditionally approve, or disapprove the map through the process described in HMC §
16.12.070, except for the following:
A. Vesting. 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 Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 of the Subdivision Map Act is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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. Conditions or Denial. Notwithstanding subsection
A of this section, approval of a vesting tentative map shall 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 the state or federal law; or
3. The vesting tentative map is inconsistent with zoning. The city council may approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection
A of this section, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
C. Expiration. The rights referred to in this section shall expire if a final map or parcel map is not approved prior to the end of the same time period, subject to the same extensions established by this title for the expiration of the approval or conditional approval of a tentative map as provided in HMC §
16.12.070. If the 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 or parcel map for that phase is recorded.
2. The 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 or for 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 officer for a one-year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council, as described in HMC §
16.04.120, within 15 days.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1), (2) and (3) of this section, the rights referred to in this section shall continue until the expiration of that permit or any extension of that permit.
D. Inconsistency with zoning.
E. Timing. The rights conferred by this section shall be for the time periods set forth in subsection
A of this section.
F. Approvals and Permits. Notwithstanding any provision of this title, 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 this section, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. 08-05 § 1, 2008)