Loading...
HomeMy WebLinkAbout2008-08-05; City Council; 19538; Extensions for City Map ApprovalCirS^ ) CITY OF CARLSBAD - AGENDA BILL\^jp/ AB# 19.538 MTG. 08/05/08 DEPT. CA Amending Carlsbad Municipal Code sections 20.1 2.1 10(a)(2) and 20.24. 180(a)(2) to Automatically Extend City Map Related Approvals DEPT. HEAD CITY ATTY. CITY MGR. 11 rt&£,^ ^ RECOMMENDED ACTION: Introduce Ordinance No. CS-003 amending Carlsbad Municipal Code Title 20, Chapters 20.12, and 20.24, sections 20.12.110(a)(2) and section 20.24.180(a)(2) respectively, and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by State legislation. ITEM EXPLANATION: On July 15, 2008 Governor Schwarzenegger signed Senate Bill 1185, introduced by Senator Lowenthal, into law. This bill amends the Subdivision Map Act in Government Code sections 66452.6 and 66463.5 to add section 66452.21 and to amend and renumber sections 66452.11 and 66452.12, and declares the urgency thereof. The bill extends by 12 months the expiration date of all approved vesting tentative maps, tentative maps and tentative parcel maps that had not expired prior to the signing of the bill and that will expire before January 1, 2011. The bill takes effect immediately. This extension is in addition to all other extensions available under the Subdivision Map Act, including, without limitation, extensions granted by prior legislation extending maps in 1993 and 1996 as well as any automatic extensions resulting from moratoria or lawsuits. SB 1185 also extends by 12 months any legislative, administrative or other approval by any state agency that had not expired as of July 15, 2008 and that pertains to a development project included in a map that is extended by the bill. In addition to the 12 month automatic map extension, SB 1185 also increases from five years to six years the length of time a map may be extended by discretionary action of a legislative body or advisory agency upon application for extension by a subdivider. DEPARTMENT CONTACT: Ron Ball (760) 434-2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Introduced Ord. CS-003 Dn D n SB 1185 does not apply to other approvals by a county or a city. Carlsbad Municipal Code sections 20.12.110 and 20.24.180 provide that the Planning Commission or City Engineer (or City Council on appeal) when granting an extension of a tentative map or tentative parcel map, respectively, shall make a finding that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrently with the tentative map. Therefore, to provide consistency with the new state law outlined above, it is recommended that all map related City approvals be likewise automatically extended to expire concurrently with the vesting tentative map.Jentative map, or tentative parcel map, and that this provision remain in effect so long as the sfate law map extension remains in effect. For those maps and related City approvals which expire on or after July 15, 2008 and for which the sub divider has already filed an application(s) for an extension, staff recommends that the processing be terminated as of the effective date of the ordinance revision proposed herein, and that the portion of the application/processing fee(s) for work which no longer needs to be completed, as determined in the sole discretion of the City Engineer as to map extension fees and the Planning Director as to map related permits and approvals, be refunded to the subdivider. It is also recommended that Carlsbad Municipal sections 20.12.110 (a)(2) and 20.24.180 (a)(2) be amended to authorize map extensions for a period up to six years in accordance with the new state law. FISCAL IMPACT: There will be a nominal loss of revenue from the reduction in previously required application/processing fees for map and related approval extensions. ENVIRONMENTAL IMPACT: This action does not constitute a project as defined under CEQA (California Environmental Quality Act) pursuant to Public Resources Code Section 21065 in that the proposed ordinance would not cause any direct or indirect physical change in the environment. EXHIBITS: 1. Ordinance No. CS-003 2. Redline Version of 20.12.110(a)(2) and 20.12.110(a)(2)(i)(ii) 3. Clean Version of 20.12.110(a)(2) and 20.12.110(a)(2)(i)(ii) 4. Redline Version of 20.24.180(a)(2) and 20.24.180(a)(2)(i)(ii) 5. Clean Version of 20.24.180(a)(2) and 20.24.180(a)(2)(i)(ii) 1 2 3 4 5 6 7 WHEREAS, on July 15, 2008 the Governor of California signed SB 8 1185 Act into law which amended the Subdivision Map to take effect immediately; 9 and 10 WHEREAS, SB 1185 extends by 12 months the expiration date of all11 12 13 14 19 20 21 22 26 27 28 ORDINANCE NO. CS-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 20, CHAPTERS 20.12 AND 20.24, SECTIONS 20.12.110(a)(2) AND 20.24.180(a)(2) RESPECTIVELY, AND ADDING SECTIONS 20.12.110(a)(2)(i)(ii) AND 20.24.180(a)(2)(i)(ii) TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS approved vesting tentative maps, tentative maps and tentative parcel maps that had not expired prior to the signing of the bill on July 15, 2008, and that will expire before January 1, 2011; and 15 WHEREAS, SB 1185 also extends by 12 months any legislative, 16 administrative or other approval by any state agency that had not expired as of July 17 15, 2008, and increases from five years to six years the length of time a map may be 18 extended by discretionary action of a legislative body or advisory agency; and WHEREAS, the Carlsbad Municipal Code Title 20, Chapter 20.12, section 20.12.110(2)(a) currently provides that the Planning Commission (or City Council on appeal), when granting an extension of a tentative map shall make a 23 finding that all related City permits or approvals issued pursuant to Title 21 have 24 been extended to expire concurrently with the tentative map; and 25 WHEREAS, the Carlsbad Municipal Code Title 20, Chapter 20.24., section 20.24.180(a)(2) currently provides that the City Engineer(or City Council, on appeal), when granting an extension of a tentative parcel map shall make a finding -1 - 1 2 extended to expire concurrently with the tentative map; and 3 WHEREAS, the City Council finds it necessary and desirable to have consistency 4 in expiration dates for related approvals; 5 NOW, THEREFORE, the City Council of the City of Carlsbad ordains6 as follows:7 8 9 13 19 20 21 22 23 24 25 26 28 that all related City permits or approvals issued pursuant to Title 21 have been SECTION 1: That section 20.12.110(2)(a)(i)(ii) is added to the Carlsbad Municipal Code to read as follows: 1 ° 20.12.110(a)(2)(i)(ii) - Extension of Tentative Maps 11 (i) All related City permits or approvals for maps which have 12 not expired as of July 15, 2008, and which will expire before January 1, 2011, which are automatically extended by Government Code section 66452.21, shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or tentative parcel map. -i 5 (ii) This section shall automatically sunset on January 1, 2011 unless Government Code section 66452.21 is extended by the 16 state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law.17 SECTION 2: That section 20.24.180 (a)(2)(i)(ii) is added to the lo Carlsbad Municipal Code to read as follows: 20.24.180 (a)(2)(i)(ii) - Extension Of Tentative Parcel Map (i) All related City permits or approvals for maps which have not expired as of July 15, 2008, and which will expire before January 1, 2011, which are automatically extended by Government Code section 66452.21, shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or tentative parcel map. (ii) This section shall automatically sunset on January 1, 2011 unless Government Code section 66452.21 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. 27 " -2- 7 8 9 11 12 13 15 16 17 19 20 21 22 23 24 27 28 1 SECTIONS: That section 20.12.110(a)(2) of the Carlsbad Municipal2 3 Code is amended to read as follows: 4 20.12.110 - Extension of Tentative Map 5 (2) Upon receipt of a complete and timely application for extension the city engineer shall, not later than thirty days 6 after the expiration of the approved or conditionally approved tentative map, set the matter for public hearing by the planning commission. Notice of the hearing shall be given pursuant to Section 20.12.092. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the planning commission (or city council on appeal) finds that an extension for a longer period, not exceeding six years, is warranted, giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the development on the community. No extension shall be granted or conditionally granted unless the planning commission (or city council on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or growth management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. The total period of all extensions under this section shall not exceed six years. In granting an extension, the planning commission (or city council on appeal) may impose new conditions and may revise existing conditions. SECTION 4: That section 20.24.180(a)(2) of the Carlsbad Municipal Code is amended to read as follows: 25 (2) Upon receipt of a complete and timely application for 20.24.180 Extension of Tentative Parcel Map 26 extension, the city Engineer shall, not later than sixty days after the expiration of the approved or conditionally approved tentative parcel map, approve, conditionally approve or deny -3- 2 3 4 5 7 8 9 13 15 16 17 is 19 20 21 22 23 24 25 26 27 28 the requested extension. Notice to affected property owners shall be given pursuant to Section 20.24.115. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the city engineer (or city council, on appeal) finds that an extension for a longer period, not exceeding six years, is warranted, giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider and furtherance of the subdivision, and the effect of the extension of the 6 development on the community. No extension shall be granted or conditionally granted unless the city engineer (or city council, on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or development management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a parcel map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire 12 concurrent with the tentative parcel map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative parcel map. The total period of all extensions under this section shall not exceed six years. In granting an extension, the city engineer (or city council, on appeal) may impose new conditions and may revise existing /// /// /// >» /// /// conditions. -4- 1 its adoption; and the city clerk shall certify the adoption of this ordinance and cause it 3 2 to be published at least once in a newspaper of general circulation in the City of 4 Carlsbad within fifteen days after its adoption. 5 6 Carlsbad City Council on the 5th day of August , 2008, and thereafter INTRODUCED AND FIRST READ at a regular meeting of the 7 8 9 n PASSED AND ADOPTED at a regular meeting of the City Council of 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after the City of Carlsbad on the day of , 2008, by the following vote, to wit: AYES: NOES: ABSENT: 11 12 13 14 15 16 17 18 19 20 21 CLAUDE A. LEWIS, Mayor22 APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney ATTEST: LORRAINE M. WOOD, City Clerk (Seal) -5- 20.12.110 Extension of tentative map. (a) The subdivider may request an extension of the approved or conditionally approved tentative map by filing a written application with the city engineer prior to expiration. The application shall be on a form promulgated by the city engineer and state the reasons for the requested extension. The application shall be filed at least twenty days and not more than ninety days prior to the date of expiration of the map, and in sufficient time to be processed administratively; considered in a noticed public hearing; and potentially reviewed in an appeal to the city council; all prior to the expiration of any applicable automatic extension. (1) Timely application shall automatically extend the tentative map for a maximum of sixty days, or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. (2) Upon receipt of a complete and timely application for extension the city engineer shall, not later than thirty days after the expiration of the approved or conditionally approved tentative map, set the matter for public hearing by the planning commission. Notice of the hearing shall be given pursuant to Section 20.12.092. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the planning commission (or city council on appeal) finds that an extension for a longer period, not exceeding^j^years^ is warranted, , \ Deleted: (ive~ giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the development on the community. No extension shall be granted or conditionally granted unless the planning commission (or city council on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or growth management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. The total period of all extensions under this section shall not exceed ,sjx_^ears. In granting an extension, the pjanning ,, - \ Deleted; five commission (or city council on appeal) may impose new conditions and may "" - {Deleted: revise existing conditions. (\\ All related City permits or approvals for maps which have not expired as of July*. 15. 2008. and which will expire before January 1. 2011. which are automatically N extended by Government Code section 66452.21. shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or l '9 L Formatted: Font: (Default) Arial, Not Bold Formatted: Indent: Left: 0.42", tentative Parcel map. 1 Formatted: Font: (Default) Arial /jfy This;_ section shall_ automatically sunset on January 1. 2011 unjess Government Code section 66452.21 is extended by the state legislature, in which case Formatted: Font: (Default) Arial, Not Bold provision shall remain in effect concurrently with the effective date of the state law. t Formatted: Font: (Default) Ariai (3) The decision of the planning commission is final and effective fifteen days after the adoption of the resolution of decision, unless within such period the applicant or any other interested person files a written appeal with the city clerk. An individual member of the city council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the planning commission is in error. The decision of the planning commission shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of the planning commission is in error, inconsistent with state law, the general plan, any applicable local coastal program or specific plan, master plan, zoning ordinance or policy of the city. Upon the filing of an appeal, the city clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. (b) A tentative map for which the filing of multiple or "phased" final maps has been authorized may be extended as follows: (1) If the subdivider is not subject to a requirement to construct or improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which equals or exceeds the amount specified in Government Code Section 66452.6(a), as amended from time to time, as determined at the time of the tentative map approval, then the subdivider may request an extension pursuant to the provisions of subsection (a) of this section. (2) When the subdivider is subject to a requirement to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which equals or exceeds the amount specified in Government Code Section 66452.6(a), as amended from time to time, as determined at the time the tentative map is approved, then each filing of a final map authorized by Section 20.20.020(c) of this code shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date it would otherwise have expired as provided in this section or the date of the previously filed final map, whichever is later. The total combined time for extensions under this subsection and subsection (b)(1) of this section shall not exceed fifteen years from the date of the approval or conditional approval of the tentative map. However, a tentative map for property subject to a development agreement authorized by the state Government Code and this code may be extended for a period of time provided for in the agreement, but not beyond the duration of the agreement. "Public improvements" include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or stormdrain facilities, sewer facilities, water facilities, and lighting facilities. (c) Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 20.17 of this title, and by the provisions of subsection (b)(2) of this section. (Ord. NS-422 § 2, 1997: Ord. 9806 § 7, 1986: Ord. 9626 § 7, 1982; Ord. 9602 §11, 1981; Ord. 9417 § 2 (part), 1975) 20.12.110 Extension of tentative map. (a) The subdivider may request an extension of the approved or conditionally approved tentative map by filing a written application with the city engineer prior to expiration. The application shall be on a form promulgated by the city engineer and state the reasons for the requested extension. The application shall be filed at least twenty days and not more than ninety days prior to the date of expiration of the map, and in sufficient time to be processed administratively; considered in a noticed public hearing; and potentially reviewed in an appeal to the city council; all prior to the expiration of any applicable automatic extension. (1) Timely application shall automatically extend the tentative map for a maximum of sixty days, or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. (2) Upon receipt of a complete and timely application for extension the city engineer shall, not later than thirty days after the expiration of the approved or conditionally approved tentative map, set the matter for public hearing by the planning commission. Notice of the hearing shall be given pursuant to Section 20.12.092. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the planning commission (or city council on appeal) finds that an extension for a longer period, not exceeding six years, is warranted, giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the development on the community. No extension shall be granted or conditionally granted unless the planning commission (or city council on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or growth management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. The total period of all extensions under this section shall not exceed six years. In granting an extension, the planning commission (or city council on appeal) may impose new conditions and may revise existing conditions. (i) All related City permits or approvals for maps which have not expired as of July 15, 2008, and which will expire before January 1, 2011, which are automatically extended by Government Code section 66452.21, shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or tentative parcel map. (ii) This section shall automatically sunset on January 1, 2011 unless Government Code section 66452.21 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. (3) The decision of the planning commission is final and effective fifteen days after the adoption of the resolution of decision, unless within such period the applicant or any other interested person files a written appeal with the city clerk. An individual member of the city council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the planning commission is in error. The decision of the planning commission shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of the planning commission is in error, inconsistent with state law, the general plan, any applicable local coastal program or specific plan, master plan, zoning ordinance of policy of the city. Upon the filing of an appeal, the city clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. (b) A tentative map for which the filing of multiple or "phased" final maps has been authorized may be extended as follows: (1) If the subdivider is not subject to a requirement to construct or improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which equals or exceeds the amount specified in Government Code Section 66452.6(a), as amended from time to time, as determined at the time of the tentative map approval, then the subdivider may request an extension pursuant to the provisions of subsection (a) of this section. (2) When the subdivider is subject to a requirement to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which equals or exceeds the amount specified in Government Code Section 66452.6(a), as amended from time to time, as determined at the time the tentative map is approved, then each filing of a final map authorized by Section 20.20.020(c) of this code shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date it would otherwise have expired as provided in this section or the date of the previously filed final map, whichever is later. The total combined time for extensions under this subsection and subsection (b)(1) of this section shall not exceed fifteen years from the date of the approval or conditional approval of the tentative map. However, a tentative map for property subject to a development agreement authorized by the state Government Code and this code may be extended for a period of time provided for in the agreement, but not beyond the duration of the agreement. "Public improvements" include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or stormdrain facilities, sewer facilities, water facilities, and lighting facilities. (c) Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 20.17 of this title, and by the provisions of subsection (b)(2) of this section. (Ord. NS-422 § 2, 1997: Ord. 9806 § 7, 1986: Ord. 9626 § 7, 1982; Ord. 9602 § 11, 1981; Ord. 9417 § 2 (part), 1975) 20.24.180 Extension of tentative parcel map. (a) The subdivider may request an extension of the approved or conditionally approved tentative parcel map by filing a written application with the city engineer prior to expiration. The application shall be on a form promulgated by the city engineer and state the reasons for the requested extension. The application shall be filed at least twenty days and not more than ninety days prior to the date of expiration of the map, and in sufficient time to be processed administratively and potentially be reviewed in an appeal to the city council, prior to the expiration of any applicable automatic extension. (1) Timely application shall automatically extend the tentative parcel map for a maximum of sixty days, or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. (2) Upon receipt of a complete and timely application for extension, the city Engineer shall, not later than sixty days after the expiration of the approved or conditionally approved tentative parcel map, approve, conditionally approve or deny the requested extension. Notice to affected property owners shall be given pursuant to Section 20.24.115. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the city engineer (or city council, on appeal) finds that an extension for a longer period, not exceeding^jx^ ,, { Deleted: tive~ years, is warranted, giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider and furtherance of the subdivision, and the effect of the extension of the development on the community. No extension shall be granted or conditionally granted unless the city engineer (or city council, on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or development management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a parcel map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative parcel map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative parcel map. The total period of all extensions under this section shall not exceed .six years. In granting an extensjqn, the cjty encijneer (or ,, { Deleted: tive~ city council, on appeal) may impose new conditions and may revise existing conditions. Formatted: Indent: Left: 0.42", Right: 0" /h All related Cjty permjts _o_r_approyals for maps which Aa_ve_r!Qt-e-xPJred_as °t July- ^- - i Formatted: Font: (Default) Ariai 15. 2008. and which will expire before January 1. 2011. which are automatically extended by Government Code section 66452.21. shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or tentative parcel map. (ii) This section shall automatically sunset on January 1. 2011 unless Government* - Code section 66452.21 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. (b) The decision of the city engineer is final and effective fifteen calendar days after the adoption of the resolution of decision, unless within such fifteen-day Formatted: Justified, Indent: Left: 0.42", Don't hyphenate period the applicant or any other interested person files a written appeal with the city clerk. An individual member of the city council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the city engineer is in error. The decision of the city engineer shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of the city engineer is in error, inconsistent with state law, the general plan, any applicable local coastal program or specific plan, master plan, zoning ordinance or policy of the city. Upon the filing of an appeal, the city clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. (Ord. NS-422 § 4, 1 997: Ord. 9417 § 2 (part), 1 975)t , - - { Formatted! Condensed by 20.24.180 Extension of tentative parcel map. (a) The subdivider may request an extension of the approved or conditionally approved tentative parcel map by filing a written application with the city engineer prior to expiration. The application shall be on a form promulgated by the city engineer and state the reasons for the requested extension. The application shall be filed at least twenty days and not more than ninety days prior to the date of expiration of the map, and in sufficient time to be processed administratively and potentially be reviewed in an appeal to the city council, prior to the expiration of any applicable automatic extension. (1) Timely application shall automatically extend the tentative parcel map for a maximum of sixty days, or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. (2) Upon receipt of a complete and timely application for extension, the city Engineer shall, not later than sixty days after the expiration of the approved or conditionally approved tentative parcel map, approve, conditionally approve or deny the requested extension. Notice to affected property owners shall be given pursuant to Section 20.24.115. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the city engineer (or city council, on appeal) finds that an extension for a longer period, not exceeding six years, is warranted, giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider and furtherance of the subdivision, and the effect of the extension of the development on the community. No extension shall be granted or conditionally granted unless the city engineer (or city council, on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or development management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a parcel map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative parcel map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative parcel map. The total period of all extensions under this section shall not exceed six years. In granting an extension, the city engineer (or city council, on appeal) may impose new conditions and may revise existing conditions. (i) All related City permits or approvals for maps which have not expired as of July 15, 2008, and which will expire before January 1, 2011, which are automatically extended by Government Code section 66452.21, shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or tentative parcel map. (ii) This section shall automatically sunset on January 1, 2011 unless Government Code section 66452.21 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. (b) The decision of the city engineer is final and effective fifteen calendar days after the adoption of the resolution of decision, unless within such fifteen-day period the applicant or any other interested person files a written appeal with the city clerk. An individual member of the city council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the city engineer is in error. The decision of the city engineer shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of the city engineer is in error, inconsistent with state law, the general plan, any applicable local coastal program or specific plan, master plan, zoning ordinance or policy of the city. Upon the filing of an appeal, the city clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. (Ord. NS-422 § 4, 1997: Ord. 9417 § 2 (part), 1975)