17.26.050 Development Rights.
A. Development Rights Created. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the City’s ordinances, policies and standards in effect at the date the City determines the application is complete.
B. Duration of Development Rights. The right to proceed with development as set forth in subsection (A) of this section continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one-year period begins for each phase when the final map for that phase is recorded.
C. Expiration of Development Rights.
1. The right to proceed with development as set forth in subsection (A) of this section expires if a final map is not approved before the vesting tentative map expires.
2. The time within which a final map may be filed is governed by Larkspur Municipal Code Sections 17.24.110 and 17.24.120, and Government Code Sections 66452.6(a), (d) and (e).
3. If, during the one-year period specified in subsection (B) of this section, the subdivider submits a complete application for a building permit on one or more lots within the subdivision, the right to proceed with development on those lots continues until the building permit on those lots expires.
4. If a final map is recorded based upon a vesting tentative map and the development rights expire, the final map remains in effect without the development rights.
D. Extension of Time for Exercise of Development Rights.
1. If the City does not process an application for a grading permit or for design or architectural review within thirty (30) days of the date the application is complete, the one-year period specified in subsection (B) of this section is automatically extended by the time exceeding the thirty-day period used by the City to complete processing.
2. Before the expiration of the one-year period specified in subsection (B) of this section a subdivider may apply to the Planning Commission for a one-year extension. A decision of the Planning Commission granting or denying an extension may be appealed to the City Council by filing a written notice of appeal within fifteen (15) days of the Commission’s decision. (Ord. 1030 § 2(11), 2018; Ord. 730 § II, 1985)