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A subdivider or any other interested party may appeal a decision of the Director or the Planning Commission by using the procedures set forth in § 9.30.100 (Appeals).
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
An approved or conditionally approved tentative map shall expire 36 months after its approval by the designated authority as outlined in Table 7.05.020-1. The expiration of an approved or conditionally approved map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the tentative map shall be filed without first processing a new tentative map.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
Notwithstanding § 7.20.120 (Expiration of a Tentative Map), the initial 36-month term of approved or conditionally approved tentative maps may be extended as follows:
(A) Request by the subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time. The subdivider shall file with the Community Development Director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the city’s official application form, including, but not limited to, environmental analysis pursuant to CEQA.
(B) Provided no changes are being requested by the subdivider, the Director may approve one or more extensions not to exceed a total of six years, and may impose additional conditions of approval on a future related action to maintain the public health, safety, and welfare and/or to comply with current city standards and ordinances, and state or federal requirements to the extent allowed by law.
(C) If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed in accordance with § 7.20.140 (Modifications of Tentative Maps) and the city may require amendments to the tentative map or the conditions of approval.
(D) If a subdivider is required to expend the amount specified in Cal. Gov’t Code § 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the property 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 Cal. Gov’t Code § 66456.1 shall extend the expiration of the approved or conditionally tentative map by 36 months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
(A) Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, by action initiated by the Community Development Director, City Engineer or the Public Works Director, pursuant to this section. The applicant shall file a letter with the Community Development Director requesting that a determination be made regarding the project. The city shall respond within 30 days with its decision. Additional exhibits may be required at the discretion of the city.
(B) Minor modifications. Minor modifications to an approved or conditionally approved map shall be processed as follows:
(1) Applicability. A minor modification includes changes that are consistent with the intent of the original map approval, do not affect off-site properties, and result in no violations of this title or the Development Code. The following modifications are considered minor:
(a) Modifications to less than 10% of the total number of lots in the subdivision, provided that the basic design concept is retained and there is no increase in the total number of lots within the subdivision.
(b) Modifications to the horizontal alignment of ten feet or less, or vertical alignment of five feet or less, of any cul-de-sac or local or collector roadway when such modification does not affect off-site property, and design integrity of the roadways.
(c) Modifications to a condition of approval that is no longer appropriate or necessary.
(d) Any other changes which in the opinion of the Director do not involve substantial changes to the map or the conditions of approval and which do not affect off-site properties.
(2) Review. Minor modifications are processed administratively without notice or public hearing.
(C) Major modifications. Major modifications to an approved or conditionally approved map shall be
processed as follows:
(1) Applicability. A major modification includes changes that exceed the thresholds listed in
§ 7.20.140(B).
(2) Review.
(a) The Community Development Director shall make a written recommendation to the original reviewing and/or approving authority for the approved or conditionally approved map. A public hearing notice shall be provided unless the original map approval did not previously require such a hearing.
(b) The reviewing or approving authority may take action on the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the subdivider.
(D) The approval or conditional approval of any modified tentative map shall not be construed as extending the time within which the final map shall be filed unless such time extension is specifically granted by the approving authority upon application by the subdivider pursuant to § 7.20.130 (Extensions of Time for Tentative Maps).
(E) Any other amendment not meeting the criteria as listed in §§ 7.20.140(B) or 7.20.140(C) of an approved or conditionally approved map shall be processed as a revised map, following procedures set forth in this chapter for tentative map approval.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
When any area for which a subdivision or proposed subdivision subject to a tentative map or final map has been filed but a tentative map or final map has not been approved, or for which a parcel map is required by this title but the final act required to make the parcel map effective has not been taken, is annexed to the city, the subdivider shall process all necessary applications and revise any portion of the map that is not in conformance with the city standards that were in effect as of the effective date of the annexation. The subdivider shall submit the required applications and/or make the necessary revisions within 36 months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map, whichever occurs first. The city may require the subdivider to attend a pre-application meeting with the Community Development Director to determine the extent of any required modifications. Any tentative map that is not brought into conformance with the city’s policies, rules, and regulations that were in effect as of the effective date of the annexation in accordance with the time frame specified above will be considered expired, and no final map shall be processed by the city.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)