Except for legislative acts of the City Council, the Planning Agency shall render its decision on a land use application within the following time limits or the application shall be deemed approved in accordance with State law.
(a) If a Negative Declaration is prepared or if the project is exempt from Division 13 (commencing with Section
21000) of the California Public Resources Code, the project shall be approved or disapproved within six months from the date on which an application requesting approval of the project has been received and accepted as complete by the Planning Agency.
(b) If an Environmental Impact Report (EIR) is prepared, pursuant to Section
21100 or
21151 of the California Public Resources Code, the project shall be approved or disapproved within one year from the date on which an application requesting approval of the project has been received and accepted as complete by the Planning Agency.
(c) Pursuant to California Public Resources Code Section
21151.5, should compelling circumstances justify additional time beyond 105 days to complete a Negative Declaration or beyond one year to complete and certify an Environmental Impact Report, then a reasonable extension of time may be granted by the Planning Agency if the project applicant requests or consents to such an extension, subject to the following provisions.
(1) In the case of an Environmental Impact Report, pursuant to California Government Code Section
65950.1, the Planning Agency shall approve or disapprove the project within 45 days after certification of the Environmental Impact Report for a tentative map or parcel map, and 90 days after the certification of the Environmental Impact Report for all other types of development projects.
(2) In the case of a Negative Declaration, a reasonable extension of time shall not exceed the six months and an additional 90 days as referenced in California Government Code Sections
65950 and
65957 for all development projects, provided, however, that subdivisions shall be subject to the time limits specified in Division 8, unless a waiver has been obtained in accordance with subsection (d) below to allow for such an extension of time.
(d) The Planning Agency shall approve, conditionally approve, extend, or disapprove a tentative map, tentative parcel map, or minor subdivision plot plan or a proposed subdivision within 50 days after certification of the EIR, adoption of a Negative Declaration, or a determination that the project is exempt from CEQA requirements. These time limits or any other time limits for reporting and acting on maps may be extended by mutual consent of the subdivider and the Planning Agency. Upon consent of the subdivider, a waiver of any of these time limits may be obtained or the purpose of permitting concurrent processing of related land use applications or an environmental review on the same development project or subdivision.
(e) When a land use application decision is contingent upon approval of another application or ordinance which requires legislative action (e.g., General Plan Amendment, ordinance, etc.), the time limits specified by subsection
(a) above for acting on such a land use application shall commence on the effective date of the last such legislative action on which that land use application is contingent.