Napa County Municipal Code Ch. 17.18 Tentative Maps—expiration and Extensions

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)

A. Upon application of the subdivider filed with the director of planning prior to the expiration of an approved or conditionally approved tentative map or vesting tentative map, the time at which such tentative map expires may be extended by the advisory agency for one year. Upon receipt of further timely applications of the subdivider (i.e. subsequent applications that are filed before the expiration of the most recent one year extension), the advisory agency may grant four additional one-year extensions for total extensions of up to five years. Alternatively, upon application of the subdivider filed with the director of planning prior to the expiration of the approved or conditionally approved tentative map or vesting tentative map, the time at which such tentative map or vesting tentative map expires may be extended by the advisory agency for multiple years providing that these multiple year extensions may not exceed a total of five years. No extension shall be permitted beyond five years.

B. Notwithstanding any other provision of this Title or Title 18, any permit that was issued in conjunction with an approved or conditionally approved tentative map, shall not expire prior to the expiration date of the approved or conditionally approved tentative map or vesting tentative map (after taking into account the extensions authorized or approved pursuant to sections 66452.6, 66452.11 and 66463.5 of the Government Code) and such permits will be deemed to have been used in a timely manner, notwithstanding section 18.124.080, if used prior to the expiration date of the approved or conditionally approved tentative map or vesting tentative map (after taking into account the extensions authorized or approved pursuant to section 66452.6, 66452.11 and 66463.5 of the Government Code).

(Ord. 1200 § 1, 2002: Ord. 1083 § 3, 1995: Ord. 981 § 26, 1991: Ord. 854 § 2(part), 1987: prior code § 11636.3)

An extension of time may be granted if the land division, at the time the application for the extension of time is heard, conforms to the general plan, is consistent with the zoning of the parcels, and conforms to the improvement standards that are being imposed upon similar (new) subdivisions, including but not limited to those improvement standards required by Chapters 17.34, 17.36, 17.40 and 17.44 of this title.

(Ord. 887 § 18, 1988: Ord. 854 § 2 (part), 1987: prior code § 11636.5)

If, prior to the expiration of an approved or conditionally approved tentative map, the subdivider files with the director of planning an application to extend the tentative map, the life of the tentative map shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. A similar automatic extension of the life of the tentative map is available each time a request for an extension as authorized by Section 17.18.020 is filed.

(Ord. 854 § 2 (part), 1987: prior code § 11636.4)

The expiration of an approved or conditionally approved tentative map shall terminate all proceedings, and no final or parcel map or request for an extension to file a final or parcel map involving all or any portion of the real property included within the tentative map shall be accepted for filing subsequent to the expiration date. All such requests shall be treated in all respects as an application for a new tentative subdivision map or a new tentative parcel map approval.

(Ord. 854 § 2 (part), 1987: prior code § 11636.2)

If the advisory agency denies a subdivider application for an extension of time to file a final or parcel map, the subdivider may appeal to the board in the manner prescribed by Section 17.54.020.

(Ord. 854 § 2 (part), 1987: prior code § 11636.6)