Chapter 9.102
TENTATIVE MAP FILING AND PROCESSING
Sections:
9.102.020 Tentative map preparation, application contents.
9.102.030 Tentative map filing, initial processing.
9.102.035 Referral to affected agencies.
9.102.040 Evaluation of application.
9.102.050 Review and decision.
9.102.060 Tentative map approval or disapproval.
9.102.070 Conditions of approval.
9.102.080 Effective date of tentative map approval.
9.102.090 Changes to approved tentative map or conditions.
9.102.100 Effect of tentative map approval, completion of subdivision process.
9.102.110 Vesting tentative maps.
9.102.115 Effect of vesting tentative map approval, completion of process.
9.102.120 Tentative map time limits and expiration.
9.102.130 Extensions of time for tentative maps.
9.102.010 Purpose of chapter.
This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the Map Act. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.020 Tentative map preparation, application contents.
A. Submittal requirements. When a tentative map is required by Section 9.100.080 (Types of subdivision approval required), tentative map submittal shall include the application forms, all information and, based upon site conditions and/or the design of the map, other materials required by the Department and the City Engineer, and a tentative map prepared in the format required by the Department and the City Engineer.
B. Filing of phased projects. If the subdivider wishes to file multiple parcel or final maps for a development project that will be phased, then one of the following shall first be completed:
1. The subdivider, at the time the tentative map is filed, shall inform the Department of the subdivider’s intention to file multiple parcel or final maps on the tentative map; or
2. After the filing of the tentative map, the Department and the subdivider concur in the filing of multiple final maps;
3. A subdivider filing multiple parcel or final maps shall show the boundary limits of each phase and designate the sequence of filing for recordation of each phase to the satisfaction of the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.030 Tentative map filing, initial processing.
A. General filing and processing requirements. A tentative map application shall be submitted to the Department for processing, and shall be:
1. Reviewed for completeness and accuracy (refer to Section 9.50.070 (Initial application review));
2. Referred to affected agencies in compliance with Section 9.102.035;
3. Reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable; and
4. Evaluated in compliance with Section 9.102.040 (Evaluation of application). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.035 Referral to affected agencies.
A. Required referrals. The Director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, City agencies and departments, cities, special districts, and local agencies, public utilities, and State agencies.
B. Anticipated type of response. The agencies that receive a tentative map application are expected to respond to the Department with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of tentative map approval.
C. Time limits for referral and response. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five (5) days of the tentative map application being determined to be complete in compliance with Section 9.50.070 (Initial application review). An agency wishing to respond to a referral shall provide the Department with its recommendations within fifteen (15) days after receiving the tentative map application. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.040 Evaluation of application.
The following shall occur after completion of the initial processing and the application being deemed complete in compliance with Section 9.50.070 (Initial application review).
A. Evaluation of application. The Director:
1. Shall review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable specific plan, and the Map Act, in compliance with Map Act Section 66474.2;
2. Shall determine the extent to which the proposed subdivision complies with the findings in Section 9.102.060 (Tentative map approval or disapproval); and
3. Shall, where required by law, prepare and review an AB610 water study.
B. Preparation of a staff report. The Director shall prepare an evaluation in compliance with Map Act Section 66452.3 describing the conclusions of the map application review. Copies of the evaluation shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 9.106.030)) at least three (3) days before any hearing or action on the tentative map by the review authority in compliance with Sections 9.102.050 or 9.102.060.
1. City department evaluations and recommendations. The evaluations and recommendations of the City departments shall be presented to the Director.
2. Required action in the case of waste discharge violations. The City Engineer shall advise the Director as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board in compliance with Water Code Section 13000 et seq. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.050 Review and decision.
A. Review authority. The Director shall be the review authority for all tentative maps, except as follows, and shall use the following procedures for reviewing and making decisions on tentative maps.
1. Tentative tract maps and vesting tentative maps. The Director shall review each tentative map proposing five (5) or more parcels, each vesting tentative map, and any other tentative tract map that requires the recordation of a final map in compliance with Chapter 102 of this title (Tentative Map Filing and Processing). The applications for these maps shall also be reviewed by the Director for a recommendation to the Commission.
2. Tentative parcel map. A tentative parcel map proposing four (4) or fewer parcels shall be reviewed in compliance with Chapter 102 of this title (Tentative Map Filing and Processing). The applications for these maps shall also be reviewed by the Director when the subdivision is of a type described in Map Act Section 66426. The Director may refer a tentative parcel map to the Commission when the Director determines that the proposal is controversial, or when the proposal is filed concurrently with an application that is otherwise required by this Development Code to have a public hearing.
3. Tentative parcel map referred to the Commission. When a tentative parcel map is referred to the Commission for action, a public hearing shall be required in compliance with Chapter 88 of this title (Public Hearings).
B. Review of tentative map.
1. Actions of review authority. After completion of the evaluation required by Section 9.102.040 (Evaluation of application), the review authority shall:
a. Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable specific plan, and the Map Act. The evaluation shall be based on the information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and
b. Approve, conditionally approve, or disapprove the tentative map in compliance with Map Act Section 66452.1 and Public Resources Code Section 21151.5 within fifty (50) days after certification of the EIR, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Public Resources Code Division 13 (commencing with Section 21000).
2. Findings required. Tentative map approval shall require that the review authority first make all of the findings required by Section 9.102.060 (Tentative map approval or disapproval). The review authority may require conditions of approval in compliance with Section 9.102.070 (Conditions of approval).
3. Appeal of decision. A decision by the review authority to approve, conditionally approve, or disapprove a tentative map may be appealed to the Council, in compliance with Chapter 90 of this title (Appeals) and Map Act Section 66452.5. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.060 Tentative map approval or disapproval.
In order to approve or recommend the approval of a tentative map and conditions of approval, or to disapprove a tentative map, the review authority, as specified in Table 7-1 (Subdivision Review Authority), shall first make the findings required by this section. In determining whether to approve a tentative map, the City shall apply only the ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 9.102.030 (Tentative map filing, initial processing), except where the City has initiated General Plan, specific plan, or Development Code changes, and has provided public notice as required by Map Act Section 66474.2.
A. Required findings for approval.
1. Mandatory findings. The review authority shall approve a tentative map only after first making all of the following findings, as required by Map Act Sections 66474 and 66474.6. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel specified as a designated remainder in compliance with Map Act Section 66424.6.
a. The proposed map, subdivision design, and improvements are consistent with the General Plan and any applicable specific plan;
b. The site is physically suitable for the type and proposed density of development;
c. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
d. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;
e. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;
f. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;
g. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and
h. The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.
2. Additional specific findings. The following additional specific findings shall be made by the review authority before approval or conditional approval of a tentative map, as applicable to the application.
a. If the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Map Act Sections 66427.1(a) and 66452 before approving the proposed subdivision. Those requirements include the following:
(1) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received written notification of intention to convert at least sixty (60) days before the filing of a tentative map in compliance with Section 66452.
(2) Each of the tenants, and each person applying for the rental of a unit in the residential real property, has, or will have, received all applicable notices and rights required in compliance with Sections 66451 and 66452.
(3) Each of the tenants received ten (10) days’ written notification that an application for a public report will be, or has been, submitted to the State Department of Real Estate, and that the report will be available on request.
b. If the proposed subdivision is within an Agricultural Preserve, it shall comply with Map Act Section 66474.4 and the findings in that Section, whether or not the land is currently under contract.
3. Findings under an EIR. Notwithstanding the finding required by subsection (A)(1)(c) of this section, the review authority may approve a tentative map, or a parcel map for which a tentative map was not required, if an environmental impact report (EIR) was prepared for the project and a finding is made in compliance with Section 21081(a)(3) of the Public Resources Code, that specific economic, social, or other considerations make the mitigation measures or project alternatives specified in the EIR infeasible.
B. Supplemental findings. In addition to the findings specified in subsection A of this section, the review authority shall not approve a tentative map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.
1. Construction of improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel map, the construction of improvements for the subdivision within a specified time after the recordation of the parcel map is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area.
2. Waiver of parcel map. The findings required by Section 9.104.030 (Waiver of parcel map), if waiver of a parcel map has been requested with the tentative map application.
C. Situations requiring disapproval unless prerequisites are satisfied. A tentative map shall not be approved in the following cases:
1. Residential conversion without required advance tenant notice. In the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, the review authority shall not approve the tentative map unless evidence is provided by the subdivider, as required by Map Act Sections 66452.8 and 66452.9, that proper notification has been given to each of the tenants of the proposed conversion notifying of the subdivider’s intent to convert.
2. Residential conversion without required favorable votes. In the case of a conversion of a stock cooperative or a community apartment project to a condominium, the review authority shall not approve a tentative map unless evidence is provided by the subdivider, as required by Map Act Section 66452.10, that the required number of owners in the cooperative or project, as specified in the bylaws or other organizational documents, have voted in favor of the conversion.
3. Agricultural preserve parcels too small for agriculture. In the case of land that is subject to a contract in compliance with the California Land Conservation Act of 1965 (Government Code Section 51296) or if the land is located within an agricultural preserve without being subject to a contract, the review authority shall not approve a tentative map, or a parcel map for which a tentative map was not required, if it finds that a parcel(s) proposed within the subdivision would be too small to sustain its agricultural use.
a. For the purposes of this section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is:
(1) Less than ten (10) acres in the case of prime agricultural land, except as allowed in subsection (C)(3)(b) of this section; or
(2) Less than forty (40) acres in size in the case of land that is not prime agriculture land unless otherwise provided by this Development Code.
b. The review authority may approve a subdivision with parcels smaller than those listed above if the findings in Map Act Section 66474.4(c)(1) or 66474.4(c)(2), along with the other applicable findings in this section, are first made, or the land within the subdivision is subject to a contract when one of the following has occurred in compliance with Map Act Section 66474.4(e):
(1) The Local Agency Formation Commission (LAFCO) has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Government Code Sections 51243 and 51243.5.
(2) Written notice of nonrenewal of the contract has been served as provided in Government Code Section 51245, and, as a result of that notice, there are no more than three (3) years remaining in the term of the contract.
(3) The Council has granted tentative approval for cancellation of the contract in compliance with Government Code Section 51282. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.070 Conditions of approval.
Along with the approval of a tentative map, the review authority may adopt any conditions of approval deemed necessary to carry out the purposes of this Development Code, including conditions regarding the matters described in subsection A of this section; provided, that all conditions shall be consistent with the requirements of the Map Act.
A. Dedications and improvements.
1. As a condition of approval of a tentative map, the Director may require dedications and improvements as necessary to ensure that the parcels to be created:
a. Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;
b. Are of adequate design in all respects in compliance with this Development Code;
c. Act to mitigate any potential environmental impacts specified in the environmental impact report (EIR) or by other means; and
d. Provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.
2. All improvements shall comply with adopted City standards.
B. Access.
1. Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the City’s Major Street Ordinance (Chapter 7 of Title 7 (Major Street Development)), or shall be ensured of access to the City road system by an approved access which connects a parcel(s) to a maintained public street or State highway.
2. The review authority may waive the requirements for approved access to subdivisions having parcel sizes of forty (40) gross acres or more when all of the following findings are first made:
a. The applicant is or will be subject to severe hardship unless the waiver is approved;
b. There is an existing traveled roadway which has been in existence for at least five (5) years which roadway is at least twenty feet (20') in width at all points; and
c. The roadway has the capability for normal motor vehicle use to each parcel in the proposed subdivision.
3. Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.
4. Road easements of record established before the effective date of this chapter shall be recognized as legal access to each parcel of the proposed subdivision.
5. Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.
C. Applicable ordinances, policies, and standards. In determining whether to approve or disapprove an application for a final map, the City shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Map Act Section 66474.2. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.080 Effective date of tentative map approval.
The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with the conditions of approval, on the sixteenth day following the date of decision by the Commission, if no appeal is filed in compliance with Chapter 90 of this title (Appeals). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.090 Changes to approved tentative map or conditions.
A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 9.104.110 (Amendments to recorded parcel or final maps).
A. Limitation on allowed changes. Changes or amendments to a tentative map that may be requested by a subdivider in compliance with this section include minor adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by subsection D of this section (Findings for approval). All proposed changes not covered by this section shall require the filing and processing of a new tentative map.
B. Application for changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:
1. A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and
2. Any additional information deemed appropriate by the Department.
C. Processing. Proposed changes to a tentative map or conditions of approval shall be processed using the same procedures as the original tentative map, except as otherwise provided by this section.
D. Findings for approval. The review authority shall not modify the approved tentative map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 9.102.060(A) and (B) can still be made:
1. There was a material mistake of fact in the deliberations leading to the original approval;
2. There has been a change of circumstances related to the original approval; or
3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Development Code.
E. Effect of changes on time limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 9.102.120 (Tentative map time limits and expiration). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.100 Effect of tentative map approval, completion of subdivision process.
A. Effect of approval on prior approvals. The approval or conditional approval by the review authority of any revised or new tentative map shall not annul all previous subdivision designs and approvals thereof.
B. Compliance with conditions, improvement plans. After approval of a tentative map in compliance with this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 110 of this title (Subdivision Design and Improvement Requirements), prior to constructing any required improvements.
C. Parcel or final map preparation, filing, and recordation.
1. A parcel map for a subdivision of four (4) or fewer parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 104 of this title (Parcel Maps and Final Maps), to complete the subdivision, unless a parcel map has been waived in compliance with Section 9.104.030 (Waiver of parcel map).
2. A final map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 104 of this title (Parcel Maps and Final Maps), to complete the subdivision.
3. Project phasing and the filing of multiple parcel or final maps shall be in compliance with Section 9.102.020 (Tentative map preparation, application contents). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.110 Vesting tentative maps.
The preparation, filing, processing, and approval or disapproval of a vesting tentative map shall comply with Map Act Sections 66452 and 66498.1 et seq. and the provisions of this section.
A. Filing criteria for vesting tentative maps.
1. Whenever a provision of the Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative or parcel map for a residential development, a vesting tentative map may be filed instead in compliance with this section.
2. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed permit for construction, or work preparatory to construction.
B. Content of application. The content and form of vesting tentative maps shall be governed by the provisions of this subsection.
1. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
2. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports as specified in Section 9.102.020 (Tentative map preparation, application contents), except as specified in this section.
C. Procedures. A vesting tentative map shall be processed and reviewed using the same procedures as specified in this chapter for a tentative map in compliance with Sections 9.102.030 (Tentative map filing, initial processing) and 9.102.050 (Review and decision), except as specified in this section.
1. Before filing a vesting tentative map, the subdivider shall have a pre-application conference with the Director to determine if any additional information should be filed with the vesting tentative map application. The applicant shall submit to the Director, before the pre-application conference, all information that is required of a tentative map application. This information shall be reviewed by the Director and the Director may require additional information based upon site conditions and/or the design of the map to be submitted with the vesting tentative map application.
2. An approving action on a vesting tentative map shall not occur before the effective date of approval of the associated discretionary permit(s) or action(s).
3. Upon filing a vesting tentative map, the subdivider shall pay the fees required in compliance with the City’s Fee Schedule for the filing and processing of a vesting tentative map.
4. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this chapter for the expiration of the approval or conditional approval of a tentative map in compliance with Section 9.102.120 (Tentative map time limits and expiration).
5. At any time before the expiration of a vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map in compliance with Section 9.102.090 (Changes to approved tentative map or conditions). No application for amendment shall be required when the review authority first finds that the amendment is a minor modification that is in substantial compliance with the original approval and no new conditions of approval are required.
6. For a subdivision whose intended development is inconsistent with the land use zoning district or any applicable specific plan in existence at that time, that inconsistency shall be noted on the map. The review authority may disapprove a vesting tentative map or approve it conditioned on the subdivider first obtaining the necessary change in the land use zoning district or applicable specific plan to eliminate the inconsistency. If the change in the pertinent ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the right to proceed with the development as approved or conditionally approved.
7. Fees for development permits (e.g., Building and Grading Permits) filed in compliance with an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of the permit.
D. Development rights of vesting tentative maps.
1. When the review authority approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect on the date the application for the subdivision has been determined to be complete in compliance with Map Act Section 66474.2. If Section 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
2. Notwithstanding subsection (D)(1) of this section, the review authority may condition or disapprove a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:
a. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
b. The condition or disapproval is required in order to comply with State or Federal law.
3. The review authority may alter any condition of a vesting tentative map through an amendment in compliance with Section 9.102.090 (Changes to approved tentative map or conditions) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.
4. The rights conferred by this section shall expire if a final or parcel map is not recorded before the expiration of the vesting tentative map in compliance with Section 9.102.120 (Tentative map time limits and expiration). If the final or parcel map is recorded, these rights shall last for the following periods of time:
a. An initial time period of thirty-six (36) months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.
b. The initial time period specified in subsection (D)(4)(a) of this section shall be automatically extended by any time used for processing a complete application for a Grading Permit or for design or architectural review, if processing exceeds thirty (30) days from the date a complete application is filed.
c. A subdivider may apply for one twelve (12) month extension at any time before the initial time period specified in subsection (D)(4)(a) of this section expires. If the extension is disapproved, the subdivider may appeal that disapproval to the Council in compliance with Chapter 90 of this title (Appeals) and Map Act Section 66452.5 within fifteen (15) days.
d. Additional extensions may be granted in compliance with Map Act Section 66452.6(a).
e. If the subdivider submits a complete application for a building permit during the periods of time specified in this subsection, the rights referred to in this subsection shall continue until the expiration of that permit, or any extension of that permit. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 4), Ord. 17-03, eff. April 19, 2017)
9.102.115 Effect of vesting tentative map approval, completion of process.
A. Effect of approval on prior approvals. The approval or conditional approval by the review authority of any revised or new vesting tentative map shall annul all previous subdivision designs and approvals thereof.
B. Compliance with conditions, improvement plans. After approval of a vesting tentative map in compliance with this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 110 of this title (Subdivision Design and Improvement Requirements), before constructing any required improvements. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.102.120 Tentative map time limits and expiration.
A. Valid for thirty-six (36) months. An approved tentative map is valid for thirty-six (36) months after its effective date (Section 9.102.080). At the end of thirty-six (36) months, as applicable, the approved tentative map shall expire and become void unless:
1. A parcel or final map, and related security and improvement agreements, have been timely filed and accepted by the City Engineer in compliance with Chapter 104 of this title (Parcel Maps and Final Maps); or
2. An extension of time has been granted in compliance with Section 9.102.130.
B. Expiration of an approved map. Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new tentative map application is filed. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
9.102.130 Extensions of time for tentative maps.
When a subdivider has not completed all tentative map or vesting tentative map conditions of approval and timely filed a parcel or final map with the City within the time limits established by Section 9.102.120, time extensions may be granted in compliance with this section, Section 9.82.090 (Time extensions), and Map Act Sections 66452.6 and 66463.5.
A. Filing of extension request. An extension request shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.
B. Approval of extension. The Commission may grant twelve (12) month extensions to the initial time limit in compliance with Map Act Section 66452.6, only after first finding all of the following:
1. There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative map;
2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and
3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads, or schools so that there is no longer sufficient remaining capacity to serve the project.
C. Appeal of decision. If the extension is disapproved, the subdivider may appeal the disapproval in compliance with Chapter 90 of this title (Appeals). (§ 2, Ord. 14-13, eff. October 8, 2014)