(a) Vesting on Approval of Vesting Tentative Map.

(1) 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and standards described in Government Code Section 66474.2; however, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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.

(2) Notwithstanding subdivision (1), a permit, approval, extension, or entitlement may be conditional or denied if any of the following are determined:

(A) 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;

(B) The condition or denial is required in order to comply with state or federal law.

(3) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 23-144(c). If the final map is approved, these rights shall last for the following periods of time:

(A) An initial time period of twenty-four months. 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.

(B) The initial time period set forth in subdivision (3)(A) of this subsection 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 thirty days, from the date a complete application is filed.

(C) A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision (3)(A) of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days.

(D) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (3)(A) through (3)(C) of this subsection, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(b) Development Inconsistent with Zoning--Conditional Approval.

(1) 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 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)(1) 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.

(2) The rights conferred by this section shall be for the time periods set forth in subsection (a)(3).

(c) Applications Inconsistent with Current Policies. Notwithstanding any provision of this article, 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)(1) and (b), and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. No. 1475, § 1 (part).)