Calaveras County Municipal Code Ch. 16.08 Length of Approval and Extensions of Time

(§§ 66452.6, 66452.6(a) and 66463.5(a)).

A. An approved or conditionally approved tentative subdivision tract map or parcel map shall expire thirty-six months after its approval or conditional approval.

1. However, 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 property 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 Section 66456.1 of the Subdivision Map Act 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 this section, or the date of the previously filed final map, whichever is later. The amount of one hundred twenty-five thousand dollars shall be increased by the registrar of contractors according to the adjustment for inflation set forth in the statewide cost index for Class B construction, as determined by the State Allocation Board at its January meeting. The adjustment by the registrar of contractors shall be effective on the first day of the month occurring more than thirty calendar days after the registrar of contractors makes that adjustment. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval.

2. A tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.

3. "Public improvements," as used in this chapter, include traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B. The expiration date of an approved or conditionally approved tentative subdivision or parcel map may be extended under the provisions of this chapter for the applicable tentative map.

C. The expiration of a tentative map shall terminate all proceedings, and no final or parcel map of all or any portion of the real property included within such a tentative map shall be filed without first processing a new tentative map.

D. In the event of litigation or a development moratorium related to the tentatively approved subdivision, the provisions of Section 16.08.020 shall apply.

(Ord. 2604 § 3, Exh. A(part), 2000: Ord. 1898 § 2(part), 1987).

(§ 66452.6) and (§ 66463.5).

A. If a development moratorium is imposed after approval of the tentative map, and provided that the length of the moratorium shall not exceed five years, the period of time affected by the moratorium shall be excluded from the length of time applied to the tentative map.

1. Once the moratorium is completed, the subdivider shall have at a minimum, the time remaining on the tentative map that existed prior to the imposition of the moratorium, or one hundred twenty days, whichever is longer.

2. If the moratorium exceeds five years, the subdivision proceedings shall be terminated, and a new tentative map shall be required.

B. In the event that a lawsuit challenging the approval or conditional approval of the tentative map has been filed and served upon the county, the subdivider may make a request in writing to the planning director that the planning commission stay the expiration of the tentative map pending the litigation.

1. Within forty days of receipt of the request, the planning commission shall hold a noticed hearing pursuant to Section 16.05.080, and may either deny the request or stay the expiration of the tentative map for the duration of the litigation up to a maximum of five years total.

2. The decision of the planning commission to grant or deny a stay due to litigation may be appealed to the board of supervisors, which shall act on the appeal at a hearing without published or mailed notice.

(Ord. 2604 § 3, Exh. A(part), 2000: Ord. 2424 § 5, 1995; Ord. 1898 § 2(part), 1987).

(§§ 66463.5(a) and 66452.6.(e)).

A. Upon application of the subdivider filed prior to the expiration date of the approved or conditionally approved tentative parcel map, the time at which the map expires may be extended by the planning commission for a period or periods not exceeding a total of five years. The period of extension specified in this subdivision is in addition to the period of time provided by Section 16.08.010(A).

B. Upon application of the subdivider filed prior to the expiration date of the approved or conditionally approved tentative subdivision tract map, the time at which the map expires may be extended by the planning commission for a period or periods not exceeding a total of five years. The period of extension specified in this subdivision is in addition to the period of time provided by Section 16.08.010(A).

1. The applicant shall provide evidence to demonstrate that a good faith effort has been made in pursuit of meeting conditions of the map. These actions may include, but are not limited to:

a. Pursuing approval from other agencies;

b. Engineered design plans; and

c. Actual construction.

2. If the planning commission determines to grant the extension, it shall make a finding based upon evidence in the public record that a good faith effort has been demonstrated towards meeting conditions of the map.

C. Upon acceptance of a complete application to extend the map, including any required fee, the map shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

D. Public notice shall be given pursuant to Section 16.05.080.

E. If the planning commission denies a subdivider's application for an extension, the subdivider may appeal to the board of supervisors within fifteen days after the advisory agency has denied the extension.

(Ord. 2604 § 3, Exh. A(part), 2000: Ord. 2424 § 6, 1995; Ord. 1898 § 2(part), 1987).