Tentative tract maps and tentative parcel maps shall expire
36 months after the date of approval or conditional approval. This
chapter shall apply to all tentative maps in existence on or after
September 26, 1995.
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.
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 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.
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.
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.
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.