26.10.330 Vesting of application.
Applications described in CCC 26.10.210(2) shall become vested on the date submitted, provided the said application is determined to be complete for processing pursuant to CCC 26.10.320. If further information is requested pursuant to CCC 26.10.320(2), vesting shall occur on the date on which the final information that results in a complete application for processing is submitted. The application shall be considered vested until final approval has been granted or the permit application has expired. The term “vested application” shall not in any way imply or otherwise indicate the granting of approval of a permit, or imply license to proceed with development related to the underlying vested application. Thereafter, the application shall be reviewed pursuant to the adopted regulations, codes, or other laws in effect on the date of vesting, consistent with the following:
(1) An application described in CCC 26.10.210(2) that is deemed complete for processing is vested for the specific use, density, and physical development that is identified in the application submittal and shall be subject to all development regulations in effect on the date of vesting, as conditioned by the review authority. An application shall be considered vested as long as the permit application or approval is considered valid by the underlying regulation. A final decision for a permit application pursuant to this subsection shall be made on the basis of the applicable regulations in effect on the date the application is deemed complete for processing.
(2) An application received by the Department of Community Development that is not described in CCC 26.10.210(2) shall be governed by those standards which apply to said application and shall not vest for any additional permits, licenses or development regulations beyond the immediate scope of the specific application.
(3) If substantial modifications are made to an application that was complete for processing, the application shall no longer be considered complete. The application will not be considered vested until a new determination of completeness has been made. Modifications shall not require a new application or revised public notice if the changes are determined not to be substantial. However, any modification may require additional fees or supporting information as necessary for consistent and informed review. Conditions required by the Department of Community Development for approval of an application shall not be considered substantial modifications. Modifications to an application that exceed the standards established by the underlying regulation(s) shall not be permitted. For the purpose of this subsection, modifications shall be considered substantial if one or more of the following applies:
(a) The modification adds more than 25 percent gross square footage to proposed structures on the site;
(b) The perimeter boundaries of the original site are extended by more than five percent of the original lot area;
(c) The modification increases the overall impervious surface on the site by more than 25 percent;
(d) The modification increases the overall residential density of the development;
(e) The modification increases or substantially relocates points of access, unless supported by a revised traffic analysis;
(f) The modification reduces designated open space by more than 10 percent; or
(g) The modification consists of changing the intended use of the original proposal to a new use.
(4) Timelines for valid duration and expiration of a development permit shall be governed by the applicable regulation and/or as specifically conditioned by the review authority. The applicant shall be responsible for monitoring time limitations and deadlines for a specific application. The County shall not be responsible for maintaining a valid application. If an application subject to this chapter expires, the applicant may file a new application, but shall be subject to the development regulations in effect on the date the new application is deemed complete for processing.
(5) An applicant may voluntarily waive vested rights at any time during the processing of an application by submitting a written and signed waiver to the Administrator stating that the applicant agrees to comply with all development regulations in effect on the date of delivery of the waiver request.