SEC. 1333.3. RIGHTS CONVEYED.
§ 1333.3
Approval of a vesting tentative map grants a vested right to develop under state law, which expires if no final map is approved in time. Once a final map is approved, the vesting right continues for one year from recording, plus up to one additional year if the Department of Public Works approves an extension, and further extends if building or site permits are submitted and processed.
When the city approves a vesting tentative map (a preliminary subdivision plan), the developer gets a protected right to build under California law. This right expires if they don't get a final map approved by the deadline. Once they do get a final map approved and recorded, they have one year to start the next step. They can ask for one more year if the Department of Public Works agrees it won't hurt the public or others. If they apply for a building or site permit before time runs out, the clock keeps running while that permit application is being reviewed and while the permit itself is active.
- Complex:The section contains multiple cross-references to California Government Code, layered conditions (approval contingent on state law limitations), and overlapping time periods that interact in ways requiring careful reading.
- Could be simpler:The provision about extending the initial period if the city takes more than 30 days to process a grading permit application could be stated more directly rather than buried in a parenthetical within Subsection (b)(1).
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) Approval of a vesting tentative map shall confer a vested right to proceed with development as provided, and only to the extent provided, in Section 66498.1(b) of the California Government Code, subject to Sections 66498.1(c) and 66498.1(d) of the California Government Code and the limitations and conditions thereof.
(b) The right referred to in Subsection (a) shall expire if a final map is not approved before expiration of the related vesting tentative map under California Government Code Section 66452.6. If a final map is approved, the right referred to shall continue during the following periods of time:
(1) One year 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 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, 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 approve an application for extension within 30 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 then 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 permit, or any extension thereof. For purposes of this subsection, no permit application shall be complete until any required corresponding application for environmental evaluation has been completed and received by the Department of City Planning.
(Added by Ord. 576-85, App. 12/27/85)