Division 4 — Tentative Maps (Added 12-9-1997 by O-18451 N.S.)

The purpose of these procedures is to provide the process for approving tentative maps and the associated design and improvement of proposed subdivisions and to implement the provisions of the Subdivision Map Act to provide for the orderly division of land.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) A tentative map is required for any subdivision of land creating:

  • (1) Five or more parcels;

  • (2) Five or more condominiums as defined in California Civil Code section 738;

  • (3) A community apartment project containing five or more parcels as defined in California Civil Code section 4105; or

  • (4) The conversion of five or more dwelling units to a stock cooperative as defined in California Civil Code section 4190.

• (b) A tentative map is not required if any of the following occurs:

  • (1) The land before subdivision contains less than five acres, each parcel created by the division abuts a public street or freeway and the subdivision does not require any dedications or improvements as determined by the City Engineer;

  • (2) Each parcel created by the subdivision has a gross area of at least 20 acres and has access to a public street or freeway ;

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• (3) The land before subdivision has a commercial, mixed-use or industrial base zone, has access to a public street or freeway , and street alignments and widths designed to the satisfaction of the City Engineer;

• (4) Each parcel created by the subdivision has a gross area of at least 40 acres and does not have access to a public street or freeway ;

• (5) The land being subdivided is solely for the creation of an environmental subdivision pursuant to California Government Code section 66418.2; or

• (6) For lots created pursuant to Section 143.1315 as an urban lot split.

• (c) A parcel map shall be required for those subdivisions described in Sections 125.0410(b)(1)-(6). Dedications and public improvements in these subdivisions may be required as determined by the City Engineer.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 3-11-2022 by O-21439 N.S.; effective 4-10-2022.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf

• (a) An applicant shall apply for a tentative map in accordance with Section 112.0102. The content and form for tentative maps and the associated data submitted shall be as specified by the Land Development Manual and the Subdivision Map Act .

• (b) If the applicant fails to submit or resubmit requested materials, information, fees, or deposits, the application file may be closed after 90 calendar days from the date the application was deemed complete or from the date of the last written request by the City.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

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An application for a tentative map may be approved, conditionally approved, or denied in accordance with Process Three for tentative parcel maps and Process Four for tentative final maps except for those tentative maps that include proposals for the vacation of public rights-of-way or the abandonment of public service easements , which shall be reviewed in accordance with Process Five.

(Amended 3-8-2004 by O-19266 N.S.)

• (a) For a tentative map for a condominium conversion project, the subdivider shall provide the following notices in addition to the notice provided for in Chapter 11, Article 2, Division 3 (Notice):

  • (1) Notice to each tenant of the proposed project required in the Subdivision Map Act section 66427.1; and

  • (2) Notice to each person applying for the rental of a dwelling unit or Accessory Dwelling Unit in the proposed project required in Chapter 11, Article 2, Division 3 (Notice) and Subdivision Map Act section 66452.17;

  • (3) Notice of Tenants Rights and Notices for Condominium Conversion, consistent with the Land Development Manual to be provided as follows:

    • (A) For existing tenants, within 10 days of the project application for the condominium conversion being deemed complete; or

    • (B) For prospective tenants, upon application for the rental of a unit in the proposed condominium conversion .

  • (4) 60 Day Notice of Termination of Tenancy, consistent with the Land Development Manual, provided to each tenant 60 days prior to being required to vacate the property.

  • (5) Notice of 90 Day Period of First Right of Refusal to Purchase, consistent with the Land Development Manual, provided to each tenant as follows:

    • (A) Within 5 working days of the issuance of the Subdivision Public Report, or

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• (B) 90 days prior to the initial public offer for sale if no Subdivision Public Report is required.

• (C) Failure to provide notice within the time period required shall extend the 90 Day Period of First Right of Refusal to Purchase to 90 days from the date the notice is provided to the tenant.

• (b) Following approval of a tentative map for condominium conversion , a 180 Day Notice of Intention to Convert shall be provided to each tenant prior to termination of tenancy due to condominium conversion pursuant to Subdivision Map Act section 66452.19.

• (c) The notices required in Section 125.0431(a) shall include a statement advising the tenants that should the condominium conversion be approved, tenants may be required to vacate the premises following any payment of benefits due pursuant to Section 144.0505 .

(Amended 3-8-2004 by O-19266 N.S.) (Amended 2-9-2006 by O-19461 N.S.; effective 3-9-2006.) (Amended 7-5-2006 by O-19505 N.S.; effective 8-5-2006.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 7-23-2025 by O-21989 N.S.; effective 8-22-2025.)

[Editors Note: Amendments as adopted by O-21989 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21989-SO.pdf ]

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A tentative map may be approved or conditionally approved only if the decision maker makes the following findings in accordance with the Subdivision Map Act and the Land Development Code:

• (a) The proposed subdivision and its design or improvement are consistent with the policies, goals, and objectives of the applicable land use plan ;

• (b) The proposed subdivision complies with the applicable zoning and development regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code;

• (c) The site is physically suitable for the type and density of development ;

• (d) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

• (e) The design of the subdivision or the type of improvement will not be detrimental to the public health, safety, and welfare;

• (f) The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision ;

• (g) The design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities; and

• (h) The decision maker has considered the effects of the proposed subdivision on the housing needs of the region and that those needs are balanced against the needs for public services and the available fiscal and environmental resources.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

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If the decision maker does not make the finding in Section 125.0440(d), the tentative map may still be approved as allowed in the Subdivision Map Act , Section 66474.01, if an environmental impact report was prepared for the project and a finding was made pursuant to California Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make the mitigation measures or project alternatives identified in the environmental impact report infeasible.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The decision maker may approve a tentative map for a condominium conversion project, if the decision maker makes the following findings , in addition to those required in section 125.0440:

• (a) The notices required by section 125.0431 have been given in the manner required;

• (b) The project was not financed by funds obtained from a governmental agency to provide for elderly, disabled, or low income housing; and

• (c) For any project that was developed to provide housing for the elderly, disabled or to provide low income housing, provisions have been made to perpetuate the use for which the project was developed.

(Amended 3-8-2004 by O-19266 N.S.)

After approval of a tentative map , the resolution shall be filed with the City Clerk and a copy shall be mailed to the applicant .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

An approved or conditionally approved tentative map expires 36 months after its approval or conditional approval. After expiration of an approved or conditionally approved tentative map , a final map or parcel map shall not be filed without the approval of a new tentative map .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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The expiration date of a tentative map may be extended as follows:

• (a) The expiration date of a tentative map may be extended one or more times in accordance with the Subdivision Map Act , if the extensions do not exceed a total of 72 months. This time frame does not include any legislative extensions enacted pursuant to state law.

  • (1) Request for Extension. An application for an Extension of Time for a tentative map shall be filed before the expiration date of the tentative map but not more than 12 months before the expiration date, in accordance with Section 112.0102. When an application for Extension of Time is timely filed, the tentative map shall be automatically extended for a period of 60 calendar days from the expiration date or until the Extension of Time is approved, conditionally approved, or denied, whichever occurs first.

  • (2) Decision Process. An application for Extension of Time for a tentative map shall be acted upon in accordance with Process Two, except that it shall be appealable in accordance with Section 125.0461(c).

    • (A) The decision maker shall approve the application for Extension of Time unless a finding to conditionally approve or deny the application is made in accordance with Section 125.0461(a)(3).

    • (B) Expiration of a tentative map shall not preclude the decision maker from approving, conditionally approving or denying an Extension of Time when the application has been filed prior to the tentative map expiration.

  • (3) Findings to Conditionally Approve or Deny an Application for Extension of Time. The decision maker may only conditionally approve or deny a request for extension of time if the decision maker makes one of the following findings :

    • (A) The failure to conditionally approve or deny the request would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety; or

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  - (B) The condition or denial is required to comply with state or federal law. 

• (4) If granted, the time period for the Extension of Time shall begin from the date of expiration of the previously approved tentative map .

• (b) Extensions of Time for filing multiple maps in accordance with the Subdivision Map Act may be approved or denied by the City Engineer in accordance with Process One.

• (c) Appeals. The City Council shall hear appeals of decisions on Extensions of Time for tentative maps .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

Except as otherwise provided, a revision to a previously approved tentative map that is in substantial conformance with that tentative map shall be considered a minor modification. The City Engineer shall decide whether the revision is in substantial conformance with the previously approved tentative map in accordance with Process One.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Except as otherwise provided, any revision to an approved tentative map that is not in substantial conformance with the approved tentative map requires an amendment to the tentative map , as follows:

• (a) Request for Amendment. An application for an amendment to a tentative map shall be filed in accordance with Section 112.0102; and

• (b) Decision Process. The decision on an application for an amendment shall be made in the same manner as the original tentative map .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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Article 5: Subdivision Procedures