Lancaster Municipal Code Art. IV Special Situations for Map Extensions

Editor's note— Ord. No. 1019, § 3, adopted February 28, 2017, repealed § 16.08.190, which pertained to expiration of other approvals in conjunction with a tentative map, and derived from Ord. No. 661 § 1(220.110), 1994; Ord. No. 995, § 1, adopted December 10, 2013.

Whenever a subdivider is required to construct, improve or finance the construction of public improvements outside the boundaries of the subdivision that meet the financial requirements as stated in Section 66452.6(a) of the Subdivision Map Act, the subdivider shall be entitled to the statutory extension set forth in Section 66452.6(a) of the Subdivision Map Act.

(Ord. 661 § 1 (220.200), 1994)

In order to receive the statutory extension the subdivider shall comply with the following procedures:

A. The subdivider shall request a statutory extension of the approved tentative map by written request to the director prior to the expiration of the map. The request shall contain written verification of off-site expenditures as specified in Section 66452.6(a) of the Subdivision Map Act.

B. The director shall review the request for extension and the written verification of the off-site expenditures, and approve the request pursuant to Section 66452.6 of the Subdivision Map Act if warranted. The director shall give the subdivider written notice of the action and specify the new expiration date of the tentative map.

(Ord. 661 § 1 (220.210), 1994)

The extensions shall extend the expiration of the approved or conditionally approved tentative map by thirty-six (36) months, from the date of its expiration or the date of the previously filed final map, whichever is later. A total of all the statutory extensions shall not extend the tentative map more than ten years from its original date of approval or conditional approval. If additional time is needed beyond the ten-year period the subdivider may request an additional extension prior to the expiration of the approved tentative map. The map may be extended by the planning commission as provided in Section 220.000 et seq.

(Ord. 661 § 1 (220.220), 1994)

The expiration and extension of tentative maps which are subject to an adopted development agreement pursuant to Section 65864 et seq. of the California Government Code shall be processed in accordance with the following regulations:

A. Concurrent Applications. When a tentative map and a development agreement are being considered concurrently, the development agreement shall be written to require the first periodic review of the agreement to occur within twelve (12) months after adoption, with subsequent periodic reviews to coincide with the dates of action on the request for the extension of the tentative map provided that the subsequent periodic reviews occur within twelve (12) months after the most recent review of the agreement.

B. Tentative map that is approved prior to the adoption of the development agreement. When the development agreement is adopted subsequent to the approval of the tentative map, the development agreement shall be written to require that at the earliest opportunity the expiration of the tentative map shall coincide with the date of the annual review of the development agreement.

C. Tentative maps approved after the adoption of the development agreement. When the tentative map is to be approved after the adoption of the development agreement subsequent time extensions on the tentative map shall be adjusted such that future dates will coincide with the date of the annual review of the development agreement.

D. Extension Procedures. The following extension procedures shall apply to tentative maps subject to adopted development agreements:

1. The applicant shall submit a written request for extension of the map in accordance with Section 16.08.150.

2. The city council shall hold a noticed public hearing on the request for extension, pursuant to Section 16.08.160 concurrent with the annual review of the development agreement. The city council shall approve, approve with conditions, or deny the extension based on the evidence submitted and the findings contained in Section 16.08.170.

3. A tentative map on property covered by a development agreement may continue to receive extensions for the period of time provided for in the agreement, but not beyond the duration of the agreement.

(Ord. 661 § 1 (220.300), 1994)