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Ordinance 1433o • ORDINANCE N0. 1433 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTIONS 18-1.401.5 AND 18-1.501.7 OP THE MUNICIPAL ORDINANCE CODE REGARDING EXPIRATION AND EXTENSION OF SUBDIVISION MAPS The City Council of the City of Cupertino does ordain as follows: Section 18-1.401.5 is amended as follows: 18-1.401.5 Expiration and Extension 18-1.401.5.1 -Expiration. A. The approval or conditional approval of a tentative subdivision map shall expire thirty-six months from the date of City Council approval. An extension or extensionsmay be approved as provided in Section 18-1.401.5.2. B. The period of time specified hereinabove shall not include any period during which a development moritorium is in effect as specified in Section 66452.6(b) of the Subdivision Map Act nor shall include any period which involves litigation as described in Section 66452.6(c) of the Subdivision Map Act. C. Notwithstanding any provision to the contrary, if a subdivider is subject to a requirement of one hundred thousand dollars or more to construct or improve or finance the construction of or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Government Code Section 66456.1 (multiple final maps), shall extend the expiration of the approval or conditionally approved tentative map by thirty-six months from the date of its expiration or the date of the previously filed final map, whichever is later; provided, however, the exten- sion shall not extend the tentative map more than ten years from its approval. D. Notwithstanding any provision to the contrary, a tentative map on property subject to a development agreement authorized by Government Code Section 65865 et seq. may be extended for the period of time provided for in the agreement, but not beyond its duration. E. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of 1 the real property included within such tentative map shall be filed without first processing a new tentative map. (Ord. 1384 Exhibit A (part), 1986). 18-1.401.5.2. - Extensions. A. Request by Subdivider. Upon application of the subdivider fi ed pr or to the expiration of the tentative map, the time at which the map expires may be extended by the Planning Commission for a period or periods not to exceed a total of three years. Prior to the expiration of a tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application is approved, whichever occurs first. B. Planning Commission Action. The Planning Director shall rev ew the request and submit the application for the extension, together with a report, to the Planning Commission for approval or denial. A copy of the Planning Director'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 an extension shall specify the new expiration date of the tentative subdivision map. If the Planning Commission denies a subdivider's application for extension, the subdivider may appeal to the City Council within fifteen days after denial. C. (Repealed.) Section 18-1.501.7 is hereby amended to read as follows: 18.1.501.7 - Ex iration and Extensions. The expiration of a tentat ve parce map and any extensions granted thereon are governed by the provisions and procedures relating to the expiration and extensions of tentative subdivision maps as described in Section 18.1.401.5. [Note the designations 18-1.501.7.1 and .2 are eliminated.) Publication The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code; shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular meeting of the City Council this 7th day of Dece er , 1987, and ENACTED at a regular meeting of the C ty Council this 4eh day of ~Iannarv , 1988, by the following vote: Vote: Members of the City Council: Ayes: Johnson. Koppel, Plungy, Rogers. Gat[o Noes: None Absent: None Abstain: None ATTES' APPROVED: ~~ City Cler ayo , C ty of upertino :!