§ 17.18.010. Expiration conditions.  


Latest version.
  • A.

    An approved or conditionally approved tentative subdivision map or tentative parcel map shall expire twenty-four months after its approval or conditional approval unless a timely filing requesting either approval of the parcel or final map or an extension of time to file the final or parcel map occurs. Once a timely filing is made, action on the request, including but not limited to processing, approving or recording the tentative map may occur after the date of the expiration of the tentative map. Delivery to the director of planning of the required final or parcel map shall be deemed a timely filing for purposes of this section, subject, however, to subsection (A) of Section 17.20.080 and subsection (C) of Section 17.22.030.

    B.

    Notwithstanding subsection (A) of this section, if the subdivider is required to expend one hundred twenty-five thousand dollars or more to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Government Code Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration, as provided in subsection (A) of this section, or the date of the previously filed parcel or final map, whichever is later. The number of phased final maps which may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. Such extensions shall not extend the tentative map more than ten years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Section 65864 of the Government Code may be extended for the period of time provided in the agreement, but not beyond the duration of the agreement. The amount of two hundred thirty-six seven hundred ninety dollars referred to herein shall be periodically adjusted in the manner set forth in Government Code Section 66452.6(a). The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. "Public improvements," as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities and lighting facilities.

    C.

    The period of time for filing a parcel or final map shall not include that period of time identified in subparagraphs (b) and (f) of Section 66452.6 of the Government Code.

    D.

    Within thirty days after service of the initial petition or complaint in a lawsuit involving the approval or conditional approval of a tentative map by the county is served upon the county, the affected subdivider may file an application with the planning department, which shall be heard directly by the board, requesting that the period of time during which the lawsuit is pending in a court of competent jurisdiction not be included in computing the period of time within which a parcel or final map must be filed so long as such period of time does not exceed five years. Notice of the hearing shall be given as required by Section 17.12.040. A hearing shall be scheduled within forty days of receipt of the application, and the board shall either grant or deny the application within fourteen days of the close of the hearing. Granting or denying the request is within the sole discretion of the board and the decision of the board is final.

    E.

    Whenever feasible, development permits shall be conditioned to expire at the same time the approved tentative map expires, or such other date which will facilitate concurrent consideration of the maps and the permits.

    (Ord. 981 § 25, 1991; Ord. 854 § 2 (part), 1987: prior code § 11636)

(Ord. No. 1379, § 105, 1-29-2013)