(A) Expiration.
(1) The official actions of the Planning Commission on a tentative subdivision map shall expire 24 months from the date of the adoption of the resolution by the Planning Commission. An extension to the expiration date may be approved as provided in subsection (B)(2) of this section.
(2) The period of time specified above 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 City Council. Within 10 days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the Director of Community Development, request a stay in the time period of the tentative map. Within 40 days after receiving such request, the City Council 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 City Council shall, within 10 days, declare its findings.
(3) Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.
(B) Extensions.
(1) Request by subdivider. The subdivider or his engineer may request an extension of the expiration date of the approved or conditionally approved tentative subdivision map by written application to the Department of Community Development. The application shall be filed not less than 45 days before the map is to expire and shall state the reasons for requesting the extension.
(2) Planning Commission action. The Director of Community Development 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. A copy of the Director of Community Development'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 subdivision map.
(3) Time limit of extension. The approved extension shall not exceed 12 months. The approved new expiration date shall not extend more than five years beyond the date of the resolution adopted by the Planning Commission.
(4) Conditions of approval. As a condition of the extension of a tentative subdivision map, the Planning Commission may impose new conditions or revise existing conditions in the approved tentative map as recommended by the Department of Community Development in its report or as it may find necessary.
(5) Appeal of conditions of extension. The subdivider may appeal any action of the Planning Commission on the extension to the City Council within 15 days of such action in conformance to § 154.041(A) of this chapter.
(6) Fee. A fee for processing an extension shall be required.
('63 Code, § 10-4.402.8) (Ord. 416-C.S., passed 12-6-84; Am. Ord. 441-C.S., passed 1-16-86; Am. Ord. 710-C.S., passed 3-20-07) Penalty, see § 150.999