Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE TOM J. BORDONARO, JR., MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: When a tentative map has been validly "deemed approved" under the Subdivision Map Act by the failure of the legislative body of a city or county to take timely action to approve, conditionally approve, or disapprove it, is such map entitled to be treated in the same manner as a tentative map that has been approved by a vote of the legislative body? CONCLUSION When a tentative map has been validly "deemed approved" under the Subdivision Map Act by the failure of the legislative body of a city or county to take timely action to approve, conditionally approve, or disapprove it, such map is entitled to be treated in the same manner as a tentative map that has been approved by a vote of the legislative body, provided that the map complies with all applicable provisions of the Subdivision Map Act and local ordinances enacted thereunder. ANALYSIS The Subdivision Map Act (Gov. Code, §§ 66410 - 66499.37 ; "Act") 1 provides the legislative body of a city, county, or city and county,…