The subdivision of land is defined as the division of any improved or unimproved land for the purpose of sale, lease or financing. The physical subdivision of land into two or more lots requires approval through the discretionary development review process.

The creation of four or fewer lots is called a minor subdivision whereas the creation of five or more lots is a called a major subdivision. Both types requires filing of a tentative map application which may or may not include the proposed building designs. The tentative map, prepared by the applicant’s Civil Engineer, defines the lot layout for the subdivision and shows the proposed site improvements. The Tentative Map is review for consistency with the City’s General Plan and zoning ordinance, engineering standards, and decided by the highest approving body based on the type(s) of approvals being requested.

A Tentative Map is generally intended to protect the ability of the developer to complete the project once all land use and discretionary approvals have been obtained.

For example, after the developer has received a general plan amendment, rezoning, tentative and final map and has obtained all other various discretionary land use permits in order to develop over a period of time, the developer would initially propose to guarantee its rights to complete the project as originally approved. Land use laws affecting the project might change while the project is underway either because of switch in local government legislative policy or by revisions made by the people through the initiative process. In such cases, a developer many times cannot rely on common law vested rights and, therefore, must secure the protection of a development agreement to ensure vested rights to develop. More information on Vesting Maps is available in the Municipal Code.