1. A
tentative map is generally used to create four or fewer lots.
2. The Subdivision Map Act provides that a tentative map may be
“revived” once it expires.
3. The initial life of a tentative map is 12 months after its
approval.
4. Although an express provision in a Development Agreement may
extend the life of a tentative map, this contractual extension cannot exceed 10 years.
5. Although pending litigation involving the approval or conditional
approval of a tentative map may extend the life of the tentative map, the litigation stay
must be approved by the local agency that approved the tentative map.
6. Under certain circumstances, local agencies may enact ordinances
which limit extensions otherwise permitted by the Map Act.
7. The life of a tentative map in existence on May 15, 1996, is
automatically extended by 12 months.
8. The legislative extensions provided by Government Code
§§66452.11 and 66452.13 may not be combined.
9. The Map Act discourages the use of “multiple” or “phased”
final maps.
10. A tentative map application filed today may be extended by filing
multiple maps if the subdivider is required to expend $125,000 or more on off-site
improvements.
11. A local agency must allow the filing of multiple final maps if
the subdivider notifies the local agency of his or her intent to do so, even if he or she
does so after the tentative map is filed.
12. An application for a discretionary extension automatically
extends the life of the tentative map 60 days, or until the local agency acts on the
application for extension, whichever occurs first.
13. A “development moratorium” imposed after a tentative
map is approved automatically extends the life of the tentative map up to a maximum of
five years.
14. Once a development moratorium terminates, the tentative map
remains valid for the same period of time left on the life of the map when the moratorium
was imposed.
15. California law only allows any subdivision of property through a
recorded subdivision map.
16. Both parcel maps and tentative maps are recordable.
17. In order for the lots established by a final map to be legal, the
submittal and approval of the final map must be in substantial conformance with the
tentative map.
18. The absolute limit for tentative map extensions in California is
25 years.
19. The moratoria applicable to a development moratorium are limited
to infrastructure constraints such as a sewer or water moratorium.
20. Section 66452.6 provides the standards for a local agency’s
approval or denial of a discretionary extension request for a non-vesting tentative map.
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for Minimum Continuing Legal Education credit by the State Bar of California in the amount
of 1 hour.
The State Bar of California
certifies that this activity conforms to the standards for approved education activities
prescribed by the rules and regulations of the State Bar of California governing minimum
continuing legal education. |
