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Title: 16 - Subdivisions

Chapter: 16 - Vesting Tentative Maps

Section: 80 - Development rights

A.  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.

    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 However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall-confer a vested right to proceed with development in Substantial compliance with the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.

B. Notwithstanding subsection A of this section, 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 the state or federal law.

C.  The rights referred to herein shall expire if a final map is not approved prior to the expiration of tile vesting tentative map, as provided in Section 16.16.070. If the final map is approved, these rights shall last for tile following periods of time:

1.  An initial time period of 12 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.)

2.  The initial time period set forth in subsection C1 above 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.

3.  A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection C1 expires. If the extension is denied, the subdivider may appeal that denial to the board of supervisors within the appeal period, as set forth in Chapter 20.58, Del Norte County Code.

4.  If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of subsection C of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that per­mit.

 

(Ord. 86-01 (part), 1986.)