Turlock Municipal Code Art. 4 Expiration And Extensions

The approval or conditional approval of a tentative subdivision map shall expire thirty-six (36) months after its date of approval or conditional approval. A time extension of a maximum of thirty-six (36) months may be allowed by the Planning Commission, not to exceed a cumulative total of six (6) years after the first approval or conditional approval of the tentative subdivision map.

The period of time specified in 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 only if a stay of the time period is approved by the Council. Within ten (10) days after the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the Council shall either stay the time period for up to five (5) years or deny the requested stay.

The request for the stay shall require a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the Council, within ten (10) days, shall declare its findings.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

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

(1116-CS, Amended, 02/26/2009; 1133-CS, Amended, 12/24/09)

(a) Requests by subdividers. The subdivider or his authorized agent may request an extension of the expiration date of the approved or conditionally approved tentative map by a written application to the Planning Department. The application shall be filed prior to the expiration date of the map and shall state the reasons for requesting the extension.

(b) Planning Commission action. The Planning Director shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval, conditional approval, or denial at the next scheduled Planning Commission meeting. A copy of the Planning Director's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

(c) Conditions of approval. As a condition of the extension of a tentative map, the Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Planning Department in its report or as the Planning Commission may find necessary.

(d) Appeals on conditions of extensions. The subdivider may appeal any action on the extension as provided by Title 1, Chapter 4 of this Code.

(e) Fees. The fee for processing an extension shall be at actual cost. A deposit to be applied toward such fee may be required, as determined by Council resolution.

(866-CS, Amended, 02/09/1995)

Minor changes in the tentative map may be approved by the Planning Department upon an application by the subdivider, or in its own initiative, by mutual consent of both parties, provided:

(a) Such changes are consistent with the intent and spirit of the original tentative map approval or conditional approval; and

(b) There are no resulting violations of this Code.

Amendments or changes in street names on the tentative map may be approved by the Planning Division upon application by the subdivider. The cost to process street name amendments or changes shall be borne by the subdivider.

(1121-CS, Added, 07/23/09)