San Francisco County Municipal Code Art. 3 General Procedural Provisions

Sec. 1410. Advisory Agency. Sec. 1411. Subdivision Regulations. Sec. 1412. Exceptions. Sec. 1412.1. Conveyancing or Finance Maps. Sec. 1412.2. Lot Line Adjustments. Sec. 1413. Notice and Hearing. Sec. 1414. Appeals. Sec. 1415. Fees.

SEC. 1410. ADVISORY AGENCY.

(a) The Director is hereby continued as the Advisory Agency for all purposes hereunder and under the SMA. (b) All maps, plans and reports required by this Code shall be filed with the Director. (Added by Ord. 329-98, App. 10/30/98) SEC. 1411. SUBDIVISION REGULATIONS. (a) The Director, with the assistance of other City Agencies, shall prepare and publish the Mission Bay Subdivision Regulations ("Subdivision Regulations") needed to implement and supplement this Code in accordance with the SMA, this Code, the Plans and Plan Documents. (b) Such Regulations shall be adopted by the Director after holding a public hearing. The decision of the Director in adopting the Subdivision Regulations shall be subject to review by the Agency for consistency with the Plans. (Added by Ord. 329-98, App. 10/30/98) SEC. 1412. EXCEPTIONS. (a) Upon application by the subdivider, the Director may, subject to the SMA, authorize exceptions to any of the requirements set forth in this Code and in the Subdivision Regulations. (b) Before granting any such exception in whole or in part, the Director must find: (1) That the application of certain provisions of this Code or the Subdivision Regulations would result in practical difficulties or unnecessary hardships affecting the property inconsistent with the general purpose and intent of the Plans and Plan Documents; (2) That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the area in which said property is situated; and (3) That the granting of such exception will not be contrary to the Plans. (c) In granting any such exception, the Director shall designate the conditions under which the exception is granted. (d) The Director shall not grant any exceptions in violation of the SMA. (e) The standards and requirements of this Code and the Subdivision Regulations shall, where necessary, be modified by the Director where the Director finds such modifications are necessary to assure conformity to and achievement of the standards and goals of the Plans. (f) If the Director elects to hold a public hearing with respect to an application for exception, the Director shall give notice not less than 10 days and no more than 15 days prior to the hearing date as provided in Subsection (a) of Section 1413. (Added by Ord. 329-98, App. 10/30/98)

Subdivider may file Subdivision or Parcel Maps for purposes of financing and conveyancing only (hereinafter referred to as a "Transfer Map"). (a) When subdivider submits a Tentative Map or Parcel Map application for a Transfer Map, the proposed map shall have printed conspicuously on its face "FOR PURPOSES OF FINANCING AND CONVEYANCING ONLY." (b) A Transfer Map shall condition development of the parcels therein upon provision of all necessary infrastructure, as described in the Plans and Plan Documents, to be provided in connection with subsequent City permits, subdivision or parcel maps and improvement plans, as applicable. (c) The Final or Parcel Map for a Transfer Map shall contain notes, restrictions, references or conditions as approved by the City, which may, among other things, prohibit development on the parcels absent compliance with the Plans and Plan Documents, and all other applicable City regulations. (d) No Transfer Map may be approved without Agency approval. In addition, no Transfer Map may be approved for any parcel smaller than a numbered parcel as shown on the Land Use Plan as described in the Plan Documents, prior to approval by the Agency of the major phase for the area which includes the parcels proposed to be subdivided except for the following exceptions, as approved by

the Agency: (1) subdivision or parcel maps which may be required to accommodate interim uses or development; (2) subdivision or parcel maps which may be required to transfer Advance Delivery Affordable Housing Parcels; (3) any subdivision or parcel maps which may be required for any easement parcels required to be transferred pursuant to the Amended and Restated City Land Transfer Agreement; or, (4) any other exceptions specifically reviewed by the Agency. (e) Approval of a Transfer Map shall not be deemed to permit any development of, or construction on, a parcel. (f) The Director may waive certain submittal requirements for Tentative Maps for a Transfer Map application in accordance with Section 1422(c) hereof. (Added by Ord. 329-98, App. 10/30/98)

"Lot line adjustment" shall have the meaning as described in Government Code Section 66412. Applications for lot line adjustments shall be considered by the Director consistent with the provisions of Government Code Section 66412. (Added by Ord. 329-98, App. 10/30/98) SEC. 1413. NOTICE AND HEARING. (a) The Director shall give notice in the following manner to the public and interested parties of each application for a Tentative Map, or for a Parcel Map for which a Tentative Map is not required and an application for an exception filed pursuant to Section 1412. (1) Notice of the Director's receipt of an application shall be published in at least one newspaper of general circulation within the City and County of San Francisco. (2) Notice of the Director's receipt of the application shall be mailed or delivered to each local agency expected to provide or approve water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (3) Notice of the Director's receipt of the application shall be mailed or delivered to all owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the real property that is the subject of the application. In lieu of utilizing the assessment roll the local agency may utilize records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. A copy of such notice shall be mailed to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant, if a different person. If the number of persons to whom notice would be mailed or delivered pursuant to this paragraph is greater than 1,000, the Director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least 1/8 page in at least one newspaper of general circulation within the City and County of San Francisco at least 10 days prior to the hearing. (4) Notice of the Director's receipt of the application shall be mailed or delivered to any person who has filed a written request for notice with the Director's office. (b) When a public hearing is requested in writing within 10 days of the date that notice of an application subject to Subsection (a) of this Section was sent or published, by a person whose interest would be affected, the Director shall hold a public hearing with respect to the application in question. (c) If the Director is required or elects to hold a public hearing with respect to an application, he or she shall give notice not less than 10 days prior to the hearing date as provided in Subsection (a) of this Section. No public hearing shall be held until after government agencies and City agencies comments are received or the time period for receiving such comments has run, whichever occurs first, and the Director has provided a written report in accordance with Section 1429. (d) All applications for a Tentative Map, or for a Parcel Map for which a Tentative Map is not required, shall include, in addition to all other information required: (1) A list of the names, assessor's lot and block numbers and mailing addresses of all those shown in the last equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided. (2) A 300-foot radius map delineating all the properties described in Subsection (d)(1). (3) Three stamped envelopes preaddressed to each of the listed property owners, suitable for mailing notice of the application and of any hearing or appeal thereon. Blank Department of Public Works envelopes will be furnished to a proposed subdivider on request. Unused envelopes will be returned to the proposed subdivider on request. (e) Any Department hearing required or permitted by this Code may, at the discretion of the Director be held jointly with the Department of Planning. The provisions of this Section shall be superseded by those of any amendment to California Government Code Sections 65090 or 65091, or by any provision of the SMA, should the amended provisions require additional notice.

(f) Applications for Tentative and Parcel Maps shall be processed in compliance with the Plans, Plan Documents and California Government Code Sections 65920 to 65963.1 and any applicable Government Code Section amendments. For the purposes of appealing a decision by the Director as to completeness of an application pursuant to California Government Code Section 65943, the appeal must be made to the Board of Supervisors. (Added by Ord. 329-98, App. 10/30/98) SEC. 1414. APPEALS. (a) The proposed subdivider, and any person who owns property within 300 feet of a proposed subdivision, may appeal to the Board from a final decision of the Director approving, conditionally approving, or disapproving a Tentative Map, or a Parcel Map for which a Tentative Map is not required. Any such appeal must be filed in writing with the Clerk of the Board within 10 days of release of the decision appealed, and must be accompanied by the fee specified in Section 1415(b) of this Code. (b) The Director shall mail or deliver to the proposed subdivider, and any person who owns property within 300 feet of a proposed subdivision, notice of: (1) his or her decision, and the findings in support of such decision, on any Tentative Map, or Parcel Map for which a Tentative Map is not required, and of any conditions which may have been incorporated in a conditional approval; (2) the right to appeal the Director's decision; and (3) the availability for examination of the Director's report. (c) With respect to appeals under this Section, the Board shall schedule a hearing on the appeal to be held within 30 days after the appeal has been filed, and shall give notice as provided in Sections 1413(a)(1) and 1413(a)(2), and to the persons entitled to notice of the Director's decision under Section 1414(b). (Added by Ord. 329-98, App. 10/30/98) SEC. 1415. FEES. (a) Fees, payable to the Department of Public Works, shall be charged for checking and processing all maps, plans and reports, including all condominium maps and Parcel Maps, filed under this Code. Said fees shall consist of an initial payment in accordance with the estimated actual cost of checking the maps, plans and reports, together with investigations incidental thereto, and shall be paid before or at the time of filing a Tentative Map or a Parcel Map. Where initial payment is insufficient to compensate the actual cost incurred, an additional sum shall be charged to equal such actual cost. Fees for Parcel Maps, excepting condominium maps, which do not require the filing of a Tentative Map, and which do not involve street dedications or improvements, and for parcel map waivers shall be charged for checking and for processing in accordance with the City's Subdivision Code of general applicability. All such fees for Parcel Maps shall be paid at time of filing. Fees based on the actual cost of processing shall be charged to (1) the person requesting a certificate of compliance for processing and making a determination on the request, (2) the owner of the property who files a petition for initiating reversion to acreage proceedings for processing the petition and (3) the subdivider for checking, processing and recording an amended map or certificate of correction. The fees for processing a request for a certificate of compliance, a petition for reversion to acreage and an amended map or certificate of correction, shall be determined by the Director and set forth in the Subdivision Regulations. Nonprofit organizations with tax-exempt status under the Internal Revenue Code shall be exempt from payment of the checking and processing fees where the organization is building housing to be used exclusively for the benefit of residents who are low-income, as that term is defined in the Plans and Plan Documents. (b) A fee of $250 shall be charged to the appellant to defray costs of an appeal under Section 1414 of this Code. (c) Payment of fees charged under this Code does not waive the fee requirements of other ordinances and rules and regulations pursuant thereto. (d) There is hereby created a Subdivision Fund wherein all funds received under the provisions of this Section shall be deposited. All expenditures from the Fund shall be for engineering or technical investigations, services, consultants, and equipment directly related to the checking and processing of the maps, plans, reports and Parcel Map waivers filed under this Code, and all such expenditures are hereby appropriated for said purposes. The applicant, owner or subdivider, as applicable, shall be reimbursed to the extent estimated fees paid exceed actual costs. At the request of the applicant, the Director shall provide a reasonably detailed accounting of the City's actual costs of checking and processing incurred hereunder. (Added by Ord. 329-98, App. 10/30/98) ARTICLE 4:

TENTATIVE MAPS Sec. 1420. Pre-Filing Conference. Sec. 1421. Application Packet. Sec. 1422. Tentative Map and Accompanying Documents. Sec. 1424. Filing. Sec. 1425. Referral to Other Agencies. Sec. 1426. Time Limit for Agency Review. Sec. 1427. Agency Reports. Sec. 1428. Subdivision Conference. Sec. 1429. Director's Consolidated Report. Sec. 1430. Conditions. Sec. 1431. Action: Advisory Agency's Decision. Sec. 1432. General Plan and Redevelopment Plan Consistency Determination. Sec. 1433. Vesting Tentative Maps. Sec. 1433.1. Vesting Tentative Map. Sec. 1433.2. Vesting Tentative Map Requirements. Sec. 1433.3. Rights Conveyed. Sec. 1433.4. Vesting Tentative Maps – Inconsistency with Ordinances and Other Standards. Sec. 1434. Agency Review and Approval of Subdivision Maps.

SEC. 1420. PRE-FILING CONFERENCE. Prior to filing a Tentative Map, the Subdivider may elect to submit to the Director preliminary maps, plans and other data concerning a proposed subdivision. Within 14 days after the receipt of said material, the Director will hold a conference with the Subdivider, Planning Department and any other interested agencies, including the San Francisco Redevelopment Agency, to discuss the proposed subdivision. This procedure is optional and does not waive the requirements for filing a Tentative Map. (Added by Ord. 329-98, App. 10/30/98) SEC. 1421. APPLICATION PACKET. The initial action in connection with the making of any subdivision for which a Tentative Map is required shall be the preparation of the application packet. Section 1422, and with respect to Vesting Tentative Maps Sections 1433.1 and 1433.2, of this Code and the Regulations adopted thereunder cover the preparation of the component parts of said application packet. (Added by Ord. 329-98, App. 10/30/98) SEC. 1422. TENTATIVE MAP AND ACCOMPANYING DOCUMENTS. (a) The Tentative Map shall be prepared by a qualified and duly licensed professional land surveyor or civil engineer. (b) The Tentative Map shall contain the following data, as appropriate, in sufficient detail to enable the Director and other agencies to evaluate the proposed subdivision: (1) Title, as required by the Subdivision Regulations; (2) Explanatory notes, as required by this Code and the Subdivision Regulations; and (3) Topographic map of the proposed subdivision and adjacent lands showing the existing conditions and the proposed changes, as required by the Subdivision Regulations.

(c) The Tentative Map shall conform to the Subdivision Regulations regarding format and contents. The Director may, for Transfer Maps and where otherwise appropriate in accordance with the Subdivision Regulations, defer Tentative Map requirements or may authorize deletion or reduction of any Tentative Map requirements not required by the SMA on the determination that the Tentative Map contains sufficient information to be evaluated adequately and preparing it in the prescribed form would impose a hardship upon the subdivider. Where requirements are deferred, appropriate conditions may be included on the Tentative Map for providing such deferred requirements. (d) The Tentative Map shall be accompanied by the following documents, as provided in the Subdivision Regulations: (1) Statement. A written statement shall contain the following information: (i) Existing use or uses of the property, including whether or not there are existing tenancies and the conditions and terms thereof; (ii) Description of the proposed subdivision, including, if known, the number of lots or units, their sizes and intended uses, nature of the development, and the total area of the development represented by each use; (iii) Any improvements proposed to be constructed or installed including the source of water supply and the sewage disposal proposed, and the tentative schedule for the start and completion thereof; (iv) Whether the subdivider intends to file a Final Map or a Parcel Map; (v) Description of variances and exceptions that are requested; and (vi) If the subdivider plans to file multiple Final Maps on portions of the area covered by the Tentative Map, the subdivider shall submit a written notice to this effect. (2) Environmental Evaluation Data. Data shall be supplied on the appropriate Planning Department forms for an environmental evaluation or in appropriate format when necessary to satisfy requirements for environmental review under the California Environmental Quality Act. (Added by Ord. 329-98, App. 10/30/98) SEC. 1424. FILING. (a) The application packet, together with the initial fee payment, shall be filed with the Director. (b) The date of filing shall be the date when a complete application packet has been accepted by the Director. (c) Upon date of filing the application packet shall become a public record. (d) The Director shall determine whether an application packet is complete and notify the subdivider within 30 days of the date of the submittal of the application packet. If the Director determines that the application packet is not complete, the notice to the subdivider shall list all of the information necessary to comprise a complete application. (Added by Ord. 329-98, App. 10/30/98) SEC. 1425. REFERRAL TO OTHER AGENCIES. Within three working days after a complete application packet has been filed with the Director, the Director shall forward copies to the Agency, the Planning Department, the Bureau of Engineering, the Department of Building Inspection, the City Attorney, and other appropriate government agencies and City agencies for their review. (Added by Ord. 329-98, App. 10/30/98) SEC. 1426. TIME LIMIT FOR AGENCY REVIEW. (a) The time limit for government agency and City agencies review shall be 30 days from the date the Director determines that an application packet is complete. (b) The time limit for government agency and City agencies review may be modified in accordance with the Plans and Documents and extended by mutual consent of the subdivider and the Director. (Added by Ord. 329-98, App. 10/30/98)

SEC. 1427. AGENCY REPORTS. Each reviewing agency shall report, in writing, to the Director with a copy to the subdivider, its findings on and recommendation for approval, conditional approval or denial of an application packet subject to and in accordance with the Plans and Plan Documents. The Planning Department's report shall include a finding on consistency with the General Plan. The Agency's report shall include a finding of consistency with the Plans and Plan Documents. (Added by Ord. 329-98, App. 10/30/98) SEC. 1428. SUBDIVISION CONFERENCE. No later than five days after expiration of the review time limits or any mutually agreed extension thereof, the Director at his or her discretion may hold a subdivision conference to discuss the map application, unless the subdivider has requested a conference or has filed a notice of intent to file multiple Final Maps, in which case the conference is mandatory. Written notice of such conference shall be sent to the subdivider, and to all agencies who will be submitting or have already submitted a report on the application packet. (Added by Ord. 329-98, App. 10/30/98) SEC. 1429. DIRECTOR'S CONSOLIDATED REPORT. (a) Whenever a subdivision conference is held, the Director shall prepare a written report on the findings or recommendations discussed in the conference, attaching thereto copies of the reports from, or comments made at the subdivision conference by, other agencies. A copy of said report shall be sent to each participant in the subdivision conference. Said report shall be prepared by the Director within five working days after the subdivision conference but in no event less than five days prior to any required public hearing, (b) Whenever a public hearing is required, the Director shall provide to the subdivider the Director's report or recommended findings and the findings and recommendations received from the reviewing agencies. Said information or report shall be submitted within five working days after expiration of the review time limits. Said information or report shall be made available to the public prior to the public hearing. In the event a subdivision conference is required, a public hearing shall be held after such conference, no earlier than five days following preparation of the Director's report thereon, and within the time periods set forth in the SMA. (Added by Ord. 329-98, App. 10/30/98) SEC. 1430. CONDITIONS. (a) Conditions on approval of a Tentative Map, Vesting Tentative Map, or Parcel Map, or improvement plans or agreement may relate wholly or in part to any improvements or structures which may be constructed within, or associated with, the subdivision, as well as to the subdivision itself. (b) Subject to Section 1412.1, conditions may be required to be fulfilled before or after such filing of the related Final or Parcel Map. Where such conditions are to be fulfilled after filing of the related Final Map, the subdivider shall, where appropriate, enter into an improvement agreement and furnish security for compliance with those conditions including but not limited to security satisfying the requirements of California Government Code Section 66499, pursuant to the provisions of Article 6 and Article 8 of this Division. (c) No conditions shall be imposed on a Tentative Map, Vesting Tentative Map or Parcel Map or improvement plans or improvement agreement that are not consistent with, exceed the limitations set forth in, or otherwise conflict with the Plans or Plan Documents. (d) The provisions of this Code providing for Vesting Tentative Maps do not enlarge, diminish, or alter the types of conditions which may be imposed on a development, nor in any way diminish or alter the City's power to protect against a condition dangerous to the public health or safety. (e) The Mission Bay Project Area consists of two redevelopment areas with many improvement requirements set forth in the Plans and Plan Documents which will be phased during the development of the project. Many of these improvement requirements will be required by specific, Mission Bay Project Area-wide levels of development. It is therefore possible that a Tentative Map or Parcel Map for a specific development proposal will trigger the requirement for Mission Bay Project Area- wide improvements, based on all development that has occurred to date in the Mission Bay Project Area. For purposes of the Subdivision Map Act, including, but not

limited to, Government Code Section 66411.1, any such improvement requirements that are imposed as conditions upon a division of land shall be deemed to be reasonable offsite and onsite improvements for the parcels being created. (Added by Ord. 329-98, App. 10/30/98) SEC. 1431. ACTION: ADVISORY AGENCY'S DECISION. (a) Within 50 days after the filing of a complete application for the Tentative Map, unless the time has been extended by mutual consent of the subdivider and the Director, the Director shall take action on the map application by approving, conditionally approving or disapproving the Tentative Map. If the map is disapproved, the Director shall also state the reasons for disapproval. (b) Copies of the Director's decision shall be sent to all agencies that submitted reports to the Board and to the public as set forth in Section 1414. (c) The City shall comply with all time limitations and requirements for processing subdivision maps in the SMA, including, without limitation, those in Government Code Section 66452.4. (Added by Ord. 329-98, App. 10/30/98) SEC. 1432. GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY DETERMINATION. (a) Whenever a property is to be subdivided, the Department of Planning shall report on the question of consistency of the subdivision with the General Plan and the Redevelopment Agency shall report on consistency with the Plans. (b) The Director shall disapprove the proposed subdivision when the proposed subdivision is not consistent with the Plans, Plan Documents or General Plan, subject to any decision on appeal by the Board of Supervisors. (c) When the Department of Planning or the Agency finds, subject to any decision on appeal by the Board of Supervisors, or when the Board of Supervisors finds, that a proposed subdivision will be consistent with the Plans, Plan Documents or General Plan only upon compliance with certain conditions, the Director shall incorporate said conditions in his or her conditional approval of the proposed subdivision. (Added by Ord. 329-98, App. 10/30/98). SEC. 1433. VESTING TENTATIVE MAPS.

(a) Whenever a provision of this Code requires that a Tentative Map or Parcel Map be filed, the subdivider may file instead a Vesting Tentative Map and Final Map. (b) Except as otherwise provided in Sections 1443.2 through 1443.5 of this Code, a Vesting Tentative Map shall be subject to the same procedures, requirements and other Code provisions as any other Tentative Map. (Added by Ord. 329-98, App. 10/30/98)

In addition to meeting the requirements otherwise applicable to Tentative Maps, any subdivider applying for approval of a Vesting Tentative Map shall also, at the time a Vesting Tentative Map application is filed: (1) Have printed conspicuously on the face of the map the words "Vesting Tentative Map." (2) Provide such additional information as required to be submitted to the Redevelopment Agency for a Major Phase Concept Plan application as described in the Design Review and Document Approval Procedure of the Plan Documents, provided that the Director may exempt the subdivider from such requirements in accordance with this Code. (Added by Ord. 329-98, App. 10/30/98)

(a) Approval of a Vesting Tentative Map shall confer a vested right to proceed with development as set forth in Chapter 4.5 of the SMA, Section 66498.1 et seq. (b) The right referred to in Subsection (a) shall expire if a Final Map is not approved before expiration of the related Vesting Tentative Map under California Government Code Section 66452.6 and this Code. If a Final Map is approved, the development right referred to in Subsection (a) shall continue during the following period of time: (1) Two years from recording of the approved Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each when the Final Map for that phase is recorded. Where the City uses more than 30 days to process a completed application for a grading permit or for design or architectural review, or such other period of time as provided in the Plan Documents, this initial time period shall be extended by the processing time, counted from the date the application was completed. (2) An additional period of not more than one year, if the proposed subdivider applies for such an extension at any time before the expiration of the period provided in Subsection (b)(1), and if the Department of Public Works determines that such extension will not prejudice the interests of the public or other private parties. If the Department of Public Works does not act on an application for extension within 40 days after receiving it, it shall be deemed approved. The proposed Subdivider may appeal by filing a written appeal with the Clerk of the Board of Supervisors not later than 15 days after the disapproval. Any such appeal shall be heard at the time and under the procedural rules then applicable to appeals from denial of Tentative Maps. (3) If the subdivider submits a complete building or site permit application before the expiration of the applicable period stated in Subsection (b)(1) or (b)(2), the period during which that application is being processed and the period of the life of any corresponding building or site permit, or any extension thereof. (4) If a Final Map is recorded based upon a Vesting Tentative Map and the development rights under this Section expire, the Final Map remains in effect without those rights. (Added by Ord. 329-98, App. 10/30/98)

(a) Subsections 1433.1 through 1433.3 relate only to conditions and requirements imposed by the City and do not affect the obligation of a subdivider to comply with the conditions and requirements of State or federal laws, regulations or policies. (b) Notwithstanding any other provision of this Code, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies or standards applicable under Section 1433.3(a), and the City may grant such approvals or issue such permits to the extent consistent with the Plans and Plan Documents and permitted by otherwise applicable City regulations. (Added by Ord. 329-98, App. 10/30/98) SEC. 1434. AGENCY REVIEW AND APPROVAL OF SUBDIVISION MAPS. (a) Notwithstanding any provision of the Subdivision Code to the contrary, a Tentative Map shall not be deemed finally approved until the agency in accordance with the Plan Documents, reviews and approves the Tentative Map to ensure that it is consistent with the Plans and the Plan Documents, including the infrastructure plan, the scope of development and the design for development. The agency shall also have the right to review any amendment to the Tentative Map, or a subsequent Tentative Map. The applicant shall submit copies of its application packet for a Tentative Map, and the application packet for an amendment to a Tentative Map or a subsequent Tentative Map, to the Agency when it submits the application packet to the Director. The Agency shall, in accordance with the Plan Documents, approve, disapprove or approve with conditions the Tentative Map, amendment to the Tentative Map, or a subsequent Tentative Map within 30 days following receipt of an application packet, unless such time has been extended pursuant to Section 1426 of the Subdivision Code. The Agency shall deliver the determination to the Director of Public Works in writing, with a copy to the applicant. (b) Notwithstanding any provision of the Subdivision Code to the contrary, in accordance with the Plan Documents, a proposed Final Map or Parcel Map shall not be deemed finally approved for recordation unless and until the Agency reviews and approves or is deemed to have approved the proposed Final Map or Parcel Map. The Agency shall approve the proposed Final Map or Parcel Map if: (i) development of the area covered by the proposed Final Map or Parcel Map is consistent with the Plans and Plan Documents and any major phase or project approvals issued by the Agency, if any; and (ii) the conditions that were imposed upon approval of the Tentative Map to provide infrastructure improvements consistent with the Plans and Plan Documents have been satisfied, or the performance of such conditions is otherwise secured by an improvement agreement. The applicant shall submit copies of all proposed Final Maps or Parcel Maps at the same time such proposed Final Maps or Parcel Maps are filed with the Agency. The Agency shall, in accordance with the Plan Documents, approve, disapprove, or approve with conditions the proposed Final Maps or Parcel Maps within 30 days following receipt of the proposed Final Map or Parcel Map from the applicant, by delivering a determination to the Director of Public Works, with a copy to the applicant. If the Agency fails to act within

such 30-day period, this requirement shall be deemed to be waived. (Added by Ord. 329-98, App. 10/30/98)