§ 1633.3.

RIGHTS CONVEYED

a.

Approval of a Vesting Tentative Transfer Map shall confer a vested right to proceed with future development approvals as set forth in Chapter 4.5 of the SMA, Sections 66498.1 et seq.

b.

Approval of a Vesting Tentative Map shall confer a vested right to proceed with development as set forth in Chapter 4.5 of the SMA, Sections 66498.1 et seq.

c.

The rights referred to in Subsections (a) and (b) shall expire if a Final Map is not approved before expiration of the related Vesting Tentative Transfer Map or Vesting Tentative Map under California Government Code Section 66452.6 and this Code. If a Final Map is approved, the development right referred to in Subsection (a) shall continue during the following period of time:

1.

Two years from recording of the approved Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Transfer Map or Vesting Tentative Map, this initial time period shall begin for each when the Final Map for that phase is recorded. Where the City uses more than 30 days to process a completed application for a grading permit or for design or architectural review, or such other period of time as provided in the Plan Documents, this initial time period shall be extended by the processing time, counted from the date the application was completed.

2.

An additional period of not more than one year, if the proposed Subdivider applies for such an extension at any time before the expiration of the period provided in Subsection (b)(1), and if the Department of Public Works determines that such extension will not prejudice the interests of the public or other private parties. If the Department of Public Works does not act on an application for extension within 40 days after receiving it, it shall be deemed disapproved. The proposed Subdivider may appeal by filing a written appeal with the Clerk of the Board of Supervisors not later than 15 days after the disapproval. Any such appeal shall be heard at the time and under the procedural rules then applicable to appeals from denial of Tentative Maps.

3.

If the Subdivider submits a complete building or site permit application before the expiration of the applicable period stated in Subsection (b)(1) or (b)(2), the period during which that application is being processed and the period of the life of any corresponding building or site permit, or any extension thereof.

4.

If a Final Map is recorded based upon a Vesting Tentative Transfer Map or Vesting Tentative Map and the development rights under this Section expire, the Final Map remains in effect without those rights.

History

(Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)

Download

  • Plain Text
  • JSON

Comments