§ 28.19

A subdivider or their agent may submit an application to the community development director to extend an approved or conditionally approved preliminary parcel map or tentative map prior to the expiration of said map. One (1) electronic application must be filed and include the following:

a.

A letter noting the requested map extension duration, the reason for extension and evidence as to the good-faith effort by the subdivider to record the final map in accordance with this Chapter; and

b.

A copy of the original approved map.

(Ord. No. 02.2024, § 14, 1/23/24.)

At the time of filing an application for a map extension, the property owner or their agent shall pay a filing fee in an amount fixed by resolution or ordinance of the city council.

(Ord. No. 02.2024, § 14, 1/23/24.)

A map extension request may not exceed the time limitations per this Chapter and in accordance with the Subdivision Map Act.

a.

Tentative map. The time at which a tentative map expires may be extended for a period not to exceed twenty-four (24) months, by either one (1) twenty-four (24) month extension or up to two (2) twelve (12) month extensions, by the subdivision committee per Section 28.19.20 b. Any tentative map extension proposed concurrently with a zoning permit extension must align with the term of the associated zoning permit extension per Chapter 36. Any discretionary extension beyond twenty-four (24) months allowed pursuant to the Subdivision Map Act requires approval by the city council.

b.

Preliminary parcel map. The time at which a preliminary parcel map expires may be extended for a period not to exceed twenty four (24) months by either one (1) twenty-four (24) month extension or up to two (2) twelve (12) month extensions by the subdivision committee. Any parcel map extension proposed concurrently with a zoning permit extension must align with the term of the associated zoning permit extension per Chapter 36. Any discretionary extension beyond twenty-four (24) months allowed pursuant to the Subdivision Map Act requires approval by the city council.

c.

Lot line adjustment. A lot line adjustment cannot be extended.

d.

Urban lot split. An urban lot split cannot be extended.

(Ord. No. 02.2024, § 14, 1/23/24.)

a.

Automatic application extension. Before the expiration of an approved or conditionally approved preliminary parcel map or tentative map (including vesting maps), upon receipt of an application for a map extension by the subdivider, the time at which the map expires shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved or denied by the subdivision committee or city council, whichever occurs first.

b.

Subdivision committee and city council. On the date set for consideration of the map extension, the members of the subdivision committee or city council shall hear the report and recommendation by the community development director on said application and shall hear the comments and opinions of the subdivider and their surveyor or engineer. Within fifty (50) days after the map extension application has been deemed complete under the Permit Streamlining Act, the subdivision committee or city council shall approve, conditionally approve or disapprove said map extension. City council hearings shall be held in accordance with procedures for a tentative map in Section 28.5.20.

c.

Findings. The subdivision committee or city council shall determine whether the subdivider has made a good-faith effort to comply with the conditions of the preliminary parcel map or tentative map and record the parcel map or final map during the twenty-four (24) month initial approval term and, if applicable, prior extension terms. The burden of proof is on the subdivider to establish by a preponderance of substantial evidence that the map should not expire. If the subdivision committee determines that the subdivider has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the subdivision committee may extend the permit in accordance with Section 28.19.15. In the event the subdivision committee denies a subdivider's application for extension of time, the subdivider may, within fifteen (15) days after such action, file an appeal to the city council per Section 28.19.20 g.

d.

Conditions. With the extension of the term of a map, the subdivision committee and city council may impose new conditions or revise existing conditions for clarification or correction on the approved map which do not substantially alter the map's compliance with the provisions for its design and improvements consistent with this Chapter nor its consistency with the general plan or applicable precise plan.

e.

Notification. Within ten (10) days of a decision, the subdivision committee or city council shall notify the subdivider in writing of the action taken on the map extension. In the event of conditional approval, the subdivider shall be advised of the conditions which are attached to said approval.

f.

Time limit. If no action is taken by the subdivision committee or city council within the fifty (50) day period specified herein, the map extension as filed shall be deemed approved unless the time limit has been extended by mutual consent of the subdivider and the subdivision committee.

g.

Appeals. If the subdivider is dissatisfied with the subdivision committee's denial of the map extension, they may, within fifteen (15) days after the subdivision committee decision, file an appeal to the city council for a hearing as described in Section 28.5.20 b. The city council shall hear the appeal within forty-five (45) days of the time of filing of the appeal or at its next regular meeting following receipt of a report of the subdivision committee on the appeal, not to exceed sixty (60) days from the date of the receipt of the request, and shall at that time either approve, conditionally approve or disapprove the said map extension, unless the time limit has been extended by mutual consent of the subdivider and the city.

(Ord. No. 02.2024, § 14, 1/23/24.)

APPENDIX A. - PAST ORDINANCE NUMBERS AND EQUIVALENT UPDATED ORDINANCE NUMBERS

(Ord. No. 3.22, § 1, 4/12/22.)