Why can't the new owner just withdraw the TM? Is there anything to be gained by making them wait until June? Just have the new owners send you a notarized letter stating that they wish to withdraw their application for a subdivision.
Chances are that if they build the apartments they wouldn't meet the conditions of the map anyway so it's a moot point.
Tentative Map cancellation?
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Ian Wilson
- Posts: 1087
- Joined: Sat Aug 03, 2002 6:58 am
- Location: Bay Area
I agree with Gary on this one. The new owners can simply close the TM. Of course they need to bring hte account up to date and cover any cost involved in closing the project.
As far as the park is concerned: The park is a condition of being able to build the project, not the APPROVAL of the project.
No project, no park. So sorry. NEXT!
As far as the park is concerned: The park is a condition of being able to build the project, not the APPROVAL of the project.
No project, no park. So sorry. NEXT!
Ian Wilson, P.L.S. (CA / NV / CO)
Alameda County Surveyor
Alameda County Surveyor
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E_Page
- Posts: 2138
- Joined: Thu Jun 23, 2005 6:49 am
- Location: El Dorado County
A TM is an entitlement and does not compel the owner or developer to comply with it or the associated conditions of approval unless they move forward with that entitlement as a Final Map.
The landowner may have multiple TMs in effect on any given property, and may move forward with any one of them, meeting only the conditions associated with the particular TM they are working from.
Since it is an entitlement rather than a compulsory order, why do they need to do anything at all regarding the TM?
If it has already been approved, but no work has been done to move forward on it, why not just set it aside and move forward on procuring the permits (more entitlements) for the apartment project?
If it's in process, and not yet approved, just withdraw the application and let it die.
The landowner may have multiple TMs in effect on any given property, and may move forward with any one of them, meeting only the conditions associated with the particular TM they are working from.
Since it is an entitlement rather than a compulsory order, why do they need to do anything at all regarding the TM?
If it has already been approved, but no work has been done to move forward on it, why not just set it aside and move forward on procuring the permits (more entitlements) for the apartment project?
If it's in process, and not yet approved, just withdraw the application and let it die.
Evan Page, PLS
A Visiting Forum Essayist
A Visiting Forum Essayist