TENTATIVE MAP FILING

TENTATIVE MAP FILING somebody

TENTATIVE MAP FILING

Processing the Map

After preparing a tentative map and meeting prefiling requirements, a subdivider files the map with the
planning department, the clerk of the city council or the board of supervisors, as the particular jurisdiction
requires. Typically, a large jurisdiction will have a planning department which will study the map and report on
the design and improvements of the proposed tract. The road department, health department, flood control
district, parks and recreation department, the local school authority and the city or county surveyor will also
review the map. A city or county adjacent to the area in which the proposed tract is located may desire to make
recommendations regarding map approval. If the tract is bounded or traversed by a state highway, the District
Engineer of the Division of Highways of the State Department of Transportation will also review the map. If
the subdivision lies in the Coastal Zone, as defined in Section 30103 of the Public Resources Code, the local
jurisdiction will send a copy of the tentative map to the California Coastal Commission. The notified officials
study the map with regard to their special concerns and report their findings to the planning department. The
reports may recommend approval, conditional approval, or disapproval. The subdivider may meet with
representatives of all interested departments to discuss the proposed tract and the conditions recommended for
approval. After review by its technical staff, the local jurisdiction schedules a public hearing on the map.

Basis for Approval or Denial

The local jurisdiction will not normally approve a tentative map unless the proposed design and improvements
conform to the applicable general and specific plans, including acceptable population density, physical

suitability, and health and environmental considerations. In many cases, approval is conditioned upon changes
to the development plan.

Appeal

The subdivider has 10 days from the date of any adverse action with respect to a tentative map to file an appeal.

Upon the filing of an appeal, the local jurisdiction must set the matter for a hearing to be held within 30 days
after the appeal is filed and render its decision within 10 days after the hearing.

If the legislative body fails to act on the appeal within the time periods mentioned above, the tentative map is
deemed approved insofar as it complies with the Subdivision Map Act and the local ordinance. However, the
local ordinance may give interested persons the right to file a complaint and have it heard by the governing
body.

Vesting Tentative Maps and Development Agreements

Section 66498.1 of the Government Code provides that a subdivider can obtain approval of a vesting tentative
map with certain rights to proceed with development in substantial compliance with specified ordinances,
policies and standards in effect at the time that map is approved.

Another way to secure development rights is by agreement between the developer and the local jurisdiction
(Government Code Sections 65864, et seq.). Entering into a development agreement is a discretionary act.

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