Development rights - Vesting on approval of vesting tentative map.
San José Municipal Code § 19.13.070
in effect19.13.070 - Development rights - Vesting on approval of vesting tentative map.
A. 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However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the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.
B. Notwithstanding subsection A, any permit, including a building 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 state or federal law.
C. 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 19.13.060. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 19.13.060 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
2. The initial time period set forth in C 1 shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is filed.
3. A subdivider may apply to the director for a one-year extension at any time before the initial time period set forth in C1 expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in 1 through 3 above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 22152.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT19SU_CH19.13VETEMA_19.13.070DERIESAPVETEMAFetched: 11/1/2026