(A) Automatic extensions.
(1) Phased final maps. Each time a phased final map is filed before a tentative map expires, the life of the tentative map is extended for 36 months from the later of (1) the date of the tentative map's expiration; or (2) the date of the previously filed final map. To qualify for this extension, the following two conditions must be met:
(a) The subdivider is authorized to file final maps (Map Act, Cal. Gov't Code § 66456.1); and
(b) The subdivider expends a specified minimum amount on public improvements outside the tentative subdivision map boundary (Map Act, Cal. Gov't Code § 66452.6(a)(1)).
(2) Statutory extensions. The life of a tentative map may be subject to an additional automatic extensions pursuant to Map Act, Cal . Gov't Code §§ 66452.11, 66452.21, 66452.22, 66452.23, and 66452.24.
(3) Development moratoria. The life of a tentative map does not include periods of time during which a development moratorium is in effect after the approval of the tentative map, up to a maximum of five years. Development moratoria include a water and/or sewer moratorium, as well as any action by the city that regulate land use and development.
(4) Community Development Director approval. Automatic extensions allowed by this section shall be approved by the Community Development Director.
(B) Development agreements. The life of a tentative map subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.
(C) Discretionary extensions.
(1) Maximum extension. A subdivider may request city approval of an extension to the life of a tentative map up to a maximum of time as authorized in the Map Act, Cal. Gov't Code § 66452.6.
(2) Review authority. The review authority for requested extension shall be the same as for the original approval (i.e., Parcel Map Committee for parcel map extension and Planning Commission for tentative subdivision map extension).
(3) Application filing.
(a) The subdivider shall file an application for extension at least 30 days before the expiration date and shall state the reasons for requesting the extension.
(b) Once the application for a tentative map is timely filed, the map is automatically extended for 60 days or until the city acts on the extension, whichever occurs first.
(c) The city may approve an application to extend a tentative map after the automatic 60-day extension period has expired, so long as the application itself was filed at least 30 days before the original expiration date.
(4) Application review.
(a) The Community Development Director shall review each request for extension before it is accepted as complete and officially filed.
(b) The Community Development Director shall provide a written report to the Planning Commission or Parcel Map Committee as to whether the request should be approved, conditionally approved, or denied.
(5) Public notice and hearing. The Planning Commission or Parcel Map Committee shall hold a noticed public hearing to consider the requested extension in compliance with § 8.24.080 (Public Notice).
(6) Findings. The Planning Commission or Parcel Map Committee may approve an extension only if all of the following findings can be made:
(a) The portions of the General Plan, specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare applicable to the subdivision have not changed.
(b) The character of the site and its surroundings that affect the applicability of the General Plan, specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare has not changed.
(c) The capacity of public services, utilities, and roads serving the project has not decreased.
(7) Conditions of approval. As a condition of the extension of a tentative subdivision map, the Planning Commission or Parcel Map Committee may impose new conditions, or revise existing conditions, on the approved tentative subdivision map.
(D Litigation. A subdivider may request an extension to the life of a tentative subdivision map during the time a lawsuit against the city is pending. If approved, the city may extend the life of the map consistent with the Map Act. The process to request and act on such an extension is as specified in division (C) (Discretionary extensions) above.
(Ord. 15-12, passed 12-15-2015)