City of Claremont, CA EXPIRATION OF TENTATIVE MAPS

Granting of Extensions

Upon application by the subdivider filed before expiration of a tentative map, the decision-making body may extend the life of the map for a period or periods not exceeding a total of five years. The timely filing of a request for extension shall automatically extend the map until City action on the request or for 60 days, whichever occurs first. If the Planning Commission denies a request to extend a tentative parcel map, the subdivider may appeal the denial to the City Council within 10 calendar days after the denial.

Imposition of New Conditions

A timely request for a tentative map extension shall be presented to the decision-making body within 60 days after it is deemed complete by the Director of Community Development. In granting an extension, the decision-making body shall not add new conditions to the map without the subdivider's written consent. If the decision-making body determines that the map as previously approved would be injurious to the public health, safety, or welfare, then no extension shall be granted unless conditions are identified by the City, which would alleviate the problem(s), and the subdivider agrees to such new conditions.

Automatic Extensions Related to Off-Site Improvements

For subdivisions with multiple final maps, each filing of a final map shall extend the expiration of the tentative map by 36 months from the date of its expiration or the date of the previously filed map, whichever is later, subject to the following:

The subdivider is required to expend in excess of a specific amount determined annually by the State Allocation Board pursuant to Government Code Section 66452.6(a)(2), to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public right-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of the property.

The extensions shall not extend the tentative map more than 10 years from the date of its approval or conditional approval.

The number of phased final maps, which may be filed for each tentative map, shall be determined by the City Council at the time of the approval or conditional approval of the tentative tract or tentative parcel map.

The term "public improvements," as used in this chapter, includes, but shall not be limited to, traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, water facilities, and lighting facilities.

Extensions Related to Development Agreements

A tentative map on property subject to a development agreement authorized by state law may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.

(08-05)

The 36-month map expiration period specified in this chapter shall not include any period of time during which a development moratorium, imposed after approval of a tentative map, is in existence. However, the length of the moratorium shall not exceed 5 years. Once a moratorium is terminated, the tentative map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

Litigation

The City Council may approve a stay of the map expiration period specified in this chapter, including any extension thereof, for the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is, or was, pending in a court of competent jurisdiction. After service of the initial petition or complaint upon the City, but before expiration of the tentative map, the subdivider may apply to the City Council for a stay of the time period. Within 40 days after receiving the application, the City Council shall either stay the time period for up to 5 years or deny the stay.

(08-05)