16.16.080 Expiration of map approval—Extension.
A. An approved or conditionally approved tentative map shall expire thirty-six months after its approval or conditional approval; provided, however, that any tentative map approved or conditionally approved by Kern County for an area which is subsequently annexed into the city prior to recordation of a final map shall expire in accordance with the ordinance requirements of Kern County and the Subdivision Map Act.
B. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of six years. However, if an extension of time application is appealed in accordance with Chapter 16.52, an approved or conditionally approved tentative map shall not expire prior to a decision by the city council in accordance with Chapter 16.52.
C. The subdivider may request an extension of the tentative map approval or conditional approval by written application to the advisory agency. Such application shall be filed before the approval or conditional approval is due to expire, but shall not be filed any sooner than sixty days prior to expiration date of the tentative map. The application shall state the reasons for requesting the extension. Consent of the subdivider to new or revised conditions required by the advisory agency shall be a prerequisite to approval of any extension.
D. Failure to file a final tract map or a final parcel map with the city engineer within thirty-six months from the approval or conditional approval of the tentative map or within the specified time period on any extension thereof, shall terminate all proceedings. Before such final tract or final parcel map may thereafter be filed with the county recorder a new tentative map shall be submitted.
E. If the subdivider whose tract has been approved by the advisory agency for multiple, or phased, final maps is subject to a requirement of two hundred thirty-six thousand seven hundred ninety dollars or more, as adjusted pursuant to Section 66452.6(a)(2) of the Map Act, to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Section 66456.1 of the Map Act shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration as provided in this section, or the date of the previously approved final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval.
Prior to the filing of the first final map, the subdivider shall make written notification to the city engineer of eligibility for such extension of time. Such notification shall include documentation as determined by the city engineer by which eligibility can be verified. Public improvements, as used in this subsection, include fees, traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
F. A tentative map on property 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.
G. After approval of the tentative map, if changes deemed substantial by the city engineer are proposed, a filing of a revised tentative map will be required.
1. The previously assigned tract number will be used with the word “Revised” added to the number. The procedure for filing a revised tentative map is the same as for the tentative map. A revised tentative map cannot be filed if the approval on the original map has expired. An approved revised tentative map supersedes the tentative map for which it was filed.
2. A revised tentative map will be required to include all the land subdivided under the originally assigned tract number, as approved by the advisory agency, except a phase or phases of the original tentative map which have recorded in accordance with this chapter shall be excluded from the revised tentative map.
3. A revised map cannot materially increase the area being subdivided under the original map.
4. With the approval of the city engineer and planning director, two adjacent tentative maps may be remapped through application for a revised map as one revised tentative map. The map number utilized on the revised map shall be subject to approval by the city.
5. The revised map process may be utilized to remap an area of a recorded parcel, which was originally established for recordation of the future phases of the underlying tentative map. (Ord. 4707 § 1, 2012; Ord. 4599 § 1, 2009; Ord. 4147 § 1, 2003; Ord. 4004 § 7, 2001; Ord. 3748 § 5, 1997; Ord. 3612 § 1, 1994; Ord. 3515 § 1, 1993)