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Chapter 18.96 - Tentative Map Filing and Processing

Sections:

18.96.010 - Tentative Map Preparation, Application Contents
18.96.020 - Tentative Map Filing, Initial Processing
18.96.030 - Evaluation of Application
18.96.040 - Review and Decision
18.96.050 - Tentative Map Public Hearings
18.96.060 - Tentative Map Approval or Denial
18.96.070 - Conditions of Approval
18.96.080 - Appeal
18.96.090 - Effective Date of Tentative Map Approval
18.96.100 - Changes to Approved Tentative Map or Conditions
18.96.110 - Completion of Subdivision Process
18.96.120 - Vesting Tentative Maps
18.96.130 - Tentative Map Time Limits
18.96.140 - Expiration of Approved Tentative Map
18.96.150 - Extensions of Time for Tentative Maps
18.96.160 - Applications Deemed Approved

18.96.010 - Tentative Map Preparation, Application Contents

A. General content requirements. Tentative Map submittals shall include the application forms, and all information and other materials prepared as required by the Department.

B. Soils report. As required by Map Act Section 66490, a preliminary soils report prepared by a California registered engineer qualified to prepare such reports, and based on adequate test borings, shall be required for every subdivision for which a Final Map is required by this Article. The report shall include recommendations from the engineer for corrective actions which are likely to prevent structural damage to each structure proposed to be constructed in any area of the site where soils problems are identified. The Town Engineer may waive the requirement for a soils report when he or she determines that, because of information already on file with the Town on the soil qualities within the subdivision, no preliminary analysis is necessary.

18.96.020 - Tentative Map Filing, Initial Processing

A. General filing and processing requirements. Tentative Map applications shall be submitted to the Department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA), and evaluated in a staff report in compliance with Chapter 18.70 (Applications, Processing, and Fees).

B. Referral to affected agencies. In addition to the procedures outlined in Chapter 18.70 (Application, Processing, and Fees), a Tentative Map application shall be referred to the agencies outlined in this Subsection, as well as any other Town department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision, or may have useful information about issues raised by the proposed subdivision.

1. Time limits. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete for processing in compliance with Section 18.70.060 (Initial Application Review - Completeness Review). An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application.

2. Required referrals. The Director shall refer Tentative Map applications for review and comment to each of the following agencies which will be expected to provide service to the proposed subdivision.

a. Airport district. The Truckee Tahoe Airport District shall be referred any Tentative Map for site located within the Airport Influence Area.

b. Caltrans. The California Department of Transportation shall be referred:

(1) Any Tentative Map located within an area shown on a territorial map filed with the Town in compliance with Map Act Section 66455.

(2) Any Tentative Map that includes a proposed public school site located within two miles of a Tahoe-Truckee Airport runway, as described in Section 39005 of the California Education Code. In these cases, the time for receipt of comments by the Town shall be 35 days instead of the 15 days specified by this Subsection B.1 above (Time Limits).

(3) Any subdivision abutting a State highway or proposing access to a State highway by a private street or new public street.

c. Fire District. The Truckee Fire Protection District shall be referred any Tentative Map, or Conditional Certificate of Compliance.

d. Local agencies. Any local agency shall be referred a Tentative Map or Conditional Certificate of Compliance application that is located one-half mile of the boundary of the local agency; or within the area shown on a territorial map filed with the Town in compliance with Map Act Section 66453, and within three miles of the official boundary of the local agency.

e. Nevada County Department of Environmental Health. The Nevada County Department of Environmental Health shall be referred any Tentative Map application proposing the use of private wells or private sewage disposal systems.

f. Public utilities and other service agencies. Public utility companies and other service agencies which will be expected to provided service to the proposed subdivision, including providers of gas, electrical, telephone, and cable television services, shall be referred any Tentative Map or Conditional Certificate of Compliance within their respective jurisdictions.

g. School districts. Tentative Maps shall be referred to the governing board of any elementary, high school, or unified school district within which the property to be subdivided is located.

h. State Department of Education. The State Department of Education shall be notified of any Tentative Map that includes a proposed public school site.

Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within 15 calendar days of receipt by the Department, the Town shall presume that no recommendations or comments are forthcoming.

C. Review of soils report. The preliminary soils report required by Section 18.96.010 (Tentative Map Preparation, Application Contents) shall be reviewed by the Town Engineer, and may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory.

1. If the soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each proposed parcel may be required.

2. If the soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each proposed parcel may be required.

3. If the soils report indicates the presence of hazardous wastes, a hazardous waste investigation may be required.

18.96.030 - Evaluation of Application

After completion of the initial processing in compliance with Chapter 18.70 (Applications, Processing, and Fees), the Director 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;

B. Determine the extent to which the proposed subdivision complies with the findings in Section 18.96.060 (Tentative Map Approval or Denial), and recommend the approval, approval with specified conditions, or disapproval of the Tentative Map application;

C. Prepare a staff report in compliance with Section 18.96.050 (Tentative Map Public Hearings), describing the conclusions of the Director's evaluation, and providing recommendations for approval or disapproval of the proposed subdivision by the review authority.

18.96.040 - Review and Decision

The Zoning Administrator shall serve as the review authority and be responsible for the review and approval or disapproval of a Tentative Map proposing four or fewer parcels, or a Tentative Map proposing five or more parcels but for which a parcel map will be filed, and the Commission shall serve as the review authority for a Tentative Map proposing five or more parcels. After receiving a staff report on a Tentative Map from the Director, the review authority shall:

A. Conduct a public hearing on a proposed Tentative Map, and shall consider the Director's recommendations, and any agency providing comments on the Tentative Map in compliance with 18.96.020.B (Tentative Map Filing, Initial Processing - Referral to affected agencies). The public hearing shall be scheduled and notice provided in compliance with Section 18.96.050 (Tentative Map Public Hearings);

B. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any Specific Plan, and the Map Act. The evaluation shall be based on the staff report (Section 18.96.030) and information provided by an initial study or environmental impact report (Section 18.70.060, Environmental Assessment), and any public testimony received; and

C. Within 50 days after certification of an environmental impact report or adoption of a negative declaration on the Tentative Map, approve, conditionally approve or deny the Tentative Map. The 50-day time limit may be extended by mutual consent of the subdivider and the Director or review authority.

Approval or conditional approval of a Tentative Map shall be granted only after the review authority has first made all findings required by Section 18.96.060 (Tentative Map Approval or Denial). The review authority may impose conditions of approval in compliance with Section 18.96.070 (Conditions of Approval).

18.96.050 - Tentative Map Public Hearings

When a public hearing is required by this Development Code for a Tentative Map or an appeal of a Tentative Map decision, the hearing shall be scheduled and conducted in compliance with this Section, in addition to public notice being provided in compliance with Chapter 18.180 (Public Hearings).

A. Scheduling of hearing, decision. A public hearing on a Tentative Map or appeal shall be scheduled, and a decision shall be reached, within the following time limits.

1. Hearing. A hearing on a Tentative Map by the review authority shall be scheduled within 30 days after completion of the Director's report.

2. Decision on map. The review authority shall approve or deny the Tentative Map within 30 days of their receipt of a report and recommendation on a Tentative Map from the Director. The 30-day time period may be extended by mutual consent of the subdivider and the Director or review authority.

B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 18.100.040)) at least 10 days before any hearing or action on the Tentative Map by the review authority.

18.96.060 - Tentative Map Approval or Denial

In order to approve a Tentative Map and conditions of approval, or to deny a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the Town shall apply only those ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 18.70.060 (Initial Application Review), except where the Town has initiated General Plan, Specific Plan or Development Code changes, and provided public notice as required by Map Act Section 66474.2.

A. Required findings for approval. The review authority may approve a Tentative Map, with or without conditions, only if all of the following findings can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Government Code Section 66424.6.

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any applicable Specific Plan, the Development Code, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and the Public Improvements and Engineering Standards;

2. The site is physically suitable for the type and density/intensity of development being proposed;

3. There are adequate provisions for public and emergency vehicle access, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to the public health and safety. Adequate provisions shall mean:

a. There is available capacity in community sewer and/or water systems serving the subdivision or the subdivision will be served by on-site septic systems and/or private wells that comply with Nevada County Department of Environmental Health regulations;

b. Distribution and collection facilities for sewer and water and other infrastructure are installed to lot boundaries; and

c. Recreation development fees are paid prior to map recordation.

4. The tentative map approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources, including fish, wildlife, and their habitat, that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted;

5. The subdivision will not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity in which the property is located;

6. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternate easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public;

7. The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water Quality Control Board.

B. Supplemental findings. In addition to the findings required for approval of a Tentative Map by Subsection A. above, the following findings are also required when they are applicable to the specific subdivision proposal.

1. It 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, to require the construction of improvements either prior to, or within a specified time after recordation of the Parcel Map, where road improvements are required (see Section 18.92.030 - Access, Circulation, Streets).

2. Any findings required by Section 18.100.040 for condominium conversions.

C. Findings for dedications or exactions. In addition to the findings required for approval of a Tentative Map by Subsection A. above, any requirement by the review authority for dedications and/or exactions in compliance with Chapter 18.106 (Dedications, Exactions, Reservations, Easements) shall include the review authority first making the findings required by Section 18.106.030 (Findings Required for Dedications and Exactions).

D. Findings for waiver of Parcel Map. If waiver of a Parcel Map has been requested with the Tentative Map application, the review authority shall determine whether the findings required by Section 18.98.030 (Waiver of Parcel Map) can also be made.

E. Approval with soils problems. The review authority may approve the subdivision or a portion thereof where soils problems described in Section 18.96.020.C (Tentative Map Filing, Initial Processing - Review of soils report) exist, if it determines that corrective measures recommended by the civil engineer who prepared the soils report are likely to prevent damage to each structure to be constructed. The review authority may require that the approved recommended actions be incorporated in the construction of each structure, as a condition to the issuance of any Building Permit.

18.96.070 - Conditions of Approval

Along with the approval of a Tentative Map, the adoption of conditions of approval shall occur in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act.

A. Mandatory conditions. The review authority shall adopt conditions of approval that will:

1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

2. Mitigate or eliminate environmental problems identified through the environmental review process, or require redesign of the subdivision as a prerequisite to the approval of the Tentative Map;

3. Carry out the specific requirements of Chapters 18.92 (Subdivision Design and Improvement Requirements) and 18.108 (Improvement Plans and Agreements) of this Development Code;

4. Secure compliance with the requirements of this Development Code, the General Plan, and any applicable Specific Plans; and

5. Require that any designated remainder parcels not be subsequently sold unless a certificate or conditional certificate of compliance (Chapter 18.102) is obtained, or the remainder parcel is further subdivided in compliance with this Development Code.

6. Require the subdivider to defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, set aside, void, or annual, an approval of the review authority, which action is brought within the time period provided for in Section 66499.37 of the Subdivision Map Act.

B. Optional conditions. The review authority may also require as conditions of approval, but not be limited to, the following:

1. The waiver of direct access rights to any existing or proposed streets;

2. The dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements, access to public waterways, and school sites, in compliance with Map Act Chapter 4, Article 3;

3. The reservation of sites for public facilities, including fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4;

4. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; and/or

5. Any other conditions deemed reasonable and necessary by the review authority to ensure that the approval of the Tentative Map will be in compliance with the findings required by Section 18.96.060 (Tentative Map Approval or Denial).

18.96.080 - Appeal

A decision of the Zoning Administrator or Commission acting as the review authority for a Tentative Map may be appealed in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal. The appeal body shall reach its decision within 10 days following the conclusion of the hearing.

18.96.090 - Effective Date of Tentative Map Approval

The approval of a Tentative Map shall become effective for the purposes of pursuing recordation, including compliance with conditions of approval, on the day after the expiration of the appeal period established by Chapter 18.140 (Appeals), where no appeal has been filed. If an appeal has been filed, the Tentative Map approval shall not become effective unless the appeal body approves the map; in that case, the approval shall become effective immediately upon the decision by the appeal body.

18.96.100 - 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 18.98.140 (Amendments to Recorded Maps).

A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. Other changes including increasing the number of approved lots 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 in the same manner 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 shall first find that the change is in compliance with following Subsections D.1, or D.2, and that all of the applicable findings for approval required by Sections 18.96.060.A and B. can still be made.

1. Non-substantive changes. The proposed changes:

a. Involve minor alterations in the location of proposed lot lines, and/or reduce the number of proposed parcels;

b. Do not change subdivision features that were a specific basis for any findings for Tentative Map approval or the decision of the review authority to approve the Tentative Map;

c. Will not affect any finding of, or mitigation required by, a Negative Declaration or EIR, except to further minimize environmental impacts; and

d. Will improve subdivision design.

2. Errors or unforeseen circumstances. The change is necessary because of one or more of the following circumstances:

a. There was a material mistake of fact in the deliberations leading to the original approval;

b. There has been a change of circumstances related to the original approval; or

c. 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 18.96.140 (Expiration of Approved Tentative Map).

18.96.110 - Completion of Subdivision Process

A. 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 pursuant to Chapter 18.108 (Improvement Plans and Agreements), before constructing any required improvements.

B. Parcel or Final Map preparation, filing and recordation.

1. A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded as set forth in Chapter 18.98 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 18.98.030 (Waiver of Parcel Map).

2. A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 18.98 (Parcel Maps and Final Maps), to complete the subdivision.

18.96.120 - Vesting Tentative Maps

This Section establishes procedures to implement the vesting Tentative Map requirements of State law, Sections 66498.1 et seq. of the Map Act.

A. Applicability. Whenever this Development Code requires that a Tentative Map be filed, a vesting Tentative Map may instead be filed, provided that the vesting Tentative Map is prepared, filed and processed in compliance with this Section.

1. A vesting Tentative Map may be filed for either residential, commercial or industrial developments.

2. If a subdivider does not seek the rights conferred by this Section, the filing of a vesting Tentative Map is not a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction; however, nothing in this Section shall be construed to eliminate the need for a subdivider to obtain subdivision or other land use approval in compliance with the other applicable provisions of this Development Code, building, grading or other construction permit approval.

B. Procedures for processing a vesting Tentative Map. A vesting Tentative Map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this Chapter as a Tentative Map, except as follows.

1. Application content. The vesting Tentative Map shall include the following information in addition to that required by Section 18.96.010 (Tentative Map Preparation, Application Contents):

a. Title. The vesting Tentative Map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face; and

b. Intended development. The vesting Tentative Map application shall include accurately drawn, preliminary floor plans or footprints, and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision.

2. Findings for approval. The approval of a vesting Tentative Map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for Tentative Map approval by Section 18.96.060 (Tentative Map Approval or Denial).

C. Expiration of vesting Tentative Map. An approved vesting Tentative Map shall be subject to the same time limits for expiration as are established for Tentative Maps by Sections 18.96.130 et seq. (Tentative Map Time Limits).

D. Changes to approved map or conditions. The subdivider may apply for an amendment to the vesting Tentative Map or conditions of approval at any time before the expiration of the vesting Tentative Map. An amendment request shall be considered and processed as a new application, in compliance with this Section.

E. Development rights vested.

1. The approval of a vesting Tentative Map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the Town ordinances, policies and standards (excluding fees) described in Map Act Section 66474.2.

2. If Map Act Section 66474.2 is repealed, approval of a vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the Town ordinances, policies and standards in effect at the time the map is approved.

3. Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied if:

a. A failure to do so would place the residents of the subdivision or the immediate area in a condition dangerous to health or safety; or

b. The condition or disapproval is required in order to comply with state or federal law.

4. Fees charged for building or land use permits, filed after the approval of a vesting Tentative Map shall be as required at the time the subsequent permit applications are filed, including any related development impact fees (e.g., traffic mitigation fees, etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed.

F. Duration of vested rights. The development rights vested by this Section shall expire if a Parcel Map or Final Map is not approved before the expiration of the vesting Tentative Map in compliance with Sections 18.96.130 et seq. (Tentative Map Time Limits). If the Parcel or Final Map is approved and recorded, the development rights shall be vested for the following periods of time.

1. An initial time period of 12 months from the date of recordation of the Parcel or Final Map. 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.

2. The initial 12 months 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 30 days from the date the application is accepted for processing as complete.

3. The subdivider may apply for a one-year extension at any time before the initial 12 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. The Commission shall approve or deny any request for extension. If the extension is denied by the Commission, the subdivider may appeal to the Council as set forth in Chapter 18.140 (Appeals).

4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections F.1 and F.2 above, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.

18.96.130 - Tentative Map Time Limits

The processing of a Tentative Map shall be completed, and an approved Tentative Map shall be subject to the time limits for expiration and procedures for extension in compliance with Sections 18.96.140 through 18.96.150.

18.96.140 - Expiration of Approved Tentative Map

The expiration date of a Tentative Map is determined by Map Act Sections 66452.6, and 66463.5. An approved Tentative Map or vesting Tentative Map is valid for 24 months after its effective date (Section 18.96.090). At the end of that time, the approval shall expire and become void unless:

A. A Parcel or Final Map, and related bonds and improvement agreements, have been filed with the Town Engineer in compliance with Chapter 18.98 (Parcel Maps and Final Maps), and the map is recorded within 90 days of the expiration date; or

B. An extension of time has occurred in compliance with Section 18.96.150.

A Tentative Map approval shall be deemed to have expired if a Parcel or Final Map has not been recorded within the time limits established by this Section or within an extension of time approved in compliance with Section 18.96.150. Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new subdivision application is filed.

18.96.150 - Extensions of Time for Tentative Maps

When a subdivision has not been completed through the recording of a Parcel or Final Map within the time limits set by Section 18.96.130, time extensions may be granted in compliance with this Section. Extension requests applications 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.

A. Tentative Maps. The review authority which approved the Tentative Map may grant extensions of one to five years to the initial time limit, provided that the total of all extensions shall not exceed five years, only after finding that:

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 causing the proposed subdivision to become inconsistent with the General Plan or any applicable Specific Plan, or to not comply with any applicable provision of this Development Code;

2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Development Code apply to the project, causing the proposed subdivision to become inconsistent with the General Plan or any applicable Specific Plan, or to not comply with any applicable provision of this Development Code; 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.

B. Tentative Maps with multiple Final Maps.

1. Where a subdivider is required to expend more than $125,000, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost Index for Class B construction as determined by the State Allocation Board, to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, other than improvements of public rights-of-way which abut the boundary of the site and which are reasonably related to the development of the site, and multiple Final Maps are filed covering portions of a single approved Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map by an additional 36 months from the date of its expiration, or the date of the previously filed Final Map, whichever is later. The total of all extensions shall not extend the validity of the Tentative Map more than 10 years from its approval.

2. Tentative Maps which do not require the subdivider to provide more than $125,000, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost Index for Class B construction as determined by the State Allocation Board, for off-site improvements shall expire at the end of the initial time period of the approval, unless a Parcel or Final Map is recorded, or an extension of time is requested and approved in compliance with Subsection A. above.

C. Vesting Tentative Maps. The review authority which approved the Vesting Tentative Map may grant extensions of one to five years to the initial time limit, provided that the total of all extensions shall not exceed five years, in compliance with Subsection A., above. Any rights conferred by Section 18.96.120 (Vesting Tentative Maps) shall expire if a Final Map is not approved and recorded before the expiration of the vesting Tentative Map.

18.96.160 - Applications Deemed Approved

Any subdivision application deemed approved in compliance with Government Code Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the subdivider before any Building Permits or other land use entitlements are issued. Parcel or Final Maps filed for record after the automatic approval of their Tentative Map shall remain subject to all the mandatory requirements of this Development Code and the Map Act, including but not limited to Map Act Sections 66473, 66473.5 and 66474.