§ 120.74

This chapter shall be known as the Expiration of Approved Maps Ordinance and it governs all land use maps approved or conditionally approved by the County under subparts I, II, and III of this title.

(Code 1997, § 16.74.010; Ord. No. 4448, 1997

A.

The approval or conditional approval of a tentative map shall expire within the timeframe from the date of approval by the approving authority as set forth below:

1.

36 months for a tentative map;

2.

36 months for a tentative parcel map;

3.

24 months for a vesting tentative map or a vesting tentative parcel map.

B.

The expiration date of an approved tentative map may be extended as authorized in Government Code § 66452.6(a).

C.

The period of time specified in Subsection A of this section shall not include any period of time during which a development moratorium is in existence, as defined in Government Code § 66452.6(f), pursuant to Government Code § 66452.6(b).

D.

The period of time specified in Subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the Planning Commission. After service of the initial petition or complaint upon the court, the subdivider shall, in writing, to the Director of Planning and Building, request a stay of the time period of the tentative map. Within 40 days after receiving the request, the Planning Commission shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the Planning Commission shall, within ten working days, render its decision. The subdivider or any interested person may appeal the action of the Planning Commission on the stay to the Board of Supervisors in accordance with Section 120.24.075.

(Code 1997, § 16.74.020; Ord. No. 4448, 1997; Ord. No. 5051, § 2, 4-18-2017)

A.

Request by subdivider. The subdivider may request up to six one-year extensions of the expiration date of the approved or conditionally approved tentative map, as allowed by Government Code §§ 66452.6(e) and § 66463.5, by written application to the Department of Planning and Building. The subdivider may request more than one time extension at a time, up to the maximum allowed by this subsection or a development agreement applicable to the map for which the extension request is filed, but in no event shall the total time extension requested exceed six

years. Each application shall be filed before the approved or conditionally approved tentative map expires and shall state the reasons for requesting the extension.

B.

Action on extension request. The Department shall review the request and submit the application for the extension, together with a report, to the approving authority for approval, conditional approval, or denial. A copy of the Department's report shall be forwarded to the subdivider prior to the approving authority meeting on the extension. In approving, conditionally approving, or denying the request for extension, the approving authority shall make findings supporting its decision, including findings with respect to the potential impact of any increases in applicable development fees which have occurred since the date of the approval or conditional approval of the tentative map.

C.

Appeal of extension. The subdivider or any interested person adversely affected may appeal any action of the approving authority on the extension to the Board of Supervisors in accordance with Section 120.24.075. Any such appeal shall be filed within 15 working days after the action by the approving authority. If the Board does not act within the time limits set forth in Section 120.24.075, the extension shall be deemed to have been approved, or conditionally approved or denied consistent with the action as approved by the approving authority, insofar as the tentative map complies with all other applicable provisions of the Subdivision Map Act, this title, this Code, and the general plan.

(Code 1997, § 16.74.030; Ord. No. 4448, 1997; Ord. No. 4960, § 1(16.74.030), 5-17-2011; Ord. No. 5051, § 2, 4- 18-2017)

CHAPTER 120.76. - CERTIFICATE OF COMPLIANCE