CALIFORNIA SUBDIVISION MAP ACT

GOVERNMENT CODE

SECTION 66410-66499

 

 

 

 

66410. This division may be cited as the Subdivision Map Act.

 

 

 

66411. Regulation and control of the design and improvement of

subdivisions are vested in the legislative bodies of local agencies.

Each local agency shall, by ordinance, regulate and control the

initial design and improvement of common interest developments as

defined in Section 1351 of the Civil Code and subdivisions for which

this division requires a tentative and final or parcel map. In the

development, adoption, revision, and application of such ordinance,

the local agency shall comply with the provisions of Section 65913.2.

The ordinance shall specifically provide for proper grading and

erosion control, including the prevention of sedimentation or damage

to offsite property. Each local agency may by ordinance regulate and

control other subdivisions, provided that the regulations are not

more restrictive than the regulations for those subdivisions for

which a tentative and final or parcel map are required by this

division, and provided further that the regulations shall not be

applied to short-term leases (terminable by either party on not more

than 30 days' notice in writing) of a portion of the operating

right-of-way of a railroad corporation as defined by Section 230 of

the Public Utilities Code unless a showing is made in individual

cases, under substantial evidence, that public policy necessitates

the application of the regulations to those short-term leases in

individual cases.

 

 

66411.1. (a) Notwithstanding Section 66428, whenever a local

ordinance requires improvements for a division of land which is not a

subdivision of five or more lots, the regulations shall be limited

to the dedication of rights-of-way, easements, and the construction

of reasonable offsite and onsite improvements for the parcels being

created. Requirements for the construction of offsite and onsite

improvements shall be noticed by a statement on the parcel map, on

the instrument evidencing the waiver of the parcel map, or by a

separate instrument and shall be recorded on, concurrently with, or

prior to the parcel map or instrument of waiver of a parcel map being

filed for record.

(b) Notwithstanding Section 66428, fulfillment of the construction

requirements shall not be required until the time a permit or other

grant of approval for development of the parcel is issued by the

local agency or, where provided by local ordinances, until the time

the construction of the improvements is required pursuant to an

agreement between the subdivider and the local agency, except that in

the absence of an agreement, a local agency may require fulfillment

of the construction requirements within a reasonable time following

approval of the parcel map and prior to the issuance of a permit or

other grant of approval for the development of a parcel upon a

finding by the local agency that fulfillment of the construction

requirements is necessary for either of the following reasons:

(1) The public health and safety.

(2) The required construction is a necessary prerequisite to the

orderly development of the surrounding area.

 

 

 

66411.5. (a) Notwithstanding any other provision of this division,

whenever a parcel map or final map is required to effectuate a

judicial partition of property pursuant to subdivision (b) and

pursuant to Section 872.040 of the Code of Civil Procedure, the local

agency approving the parcel map or final map may establish the

amount of any monetary exaction or any dedication or improvement

requirement authorized by law as a condition of approving the parcel

map or final map, but shall not require payment of the exaction, the

undertaking of the improvement, or posting of security for future

performance thereof and shall not accept any required offer of

dedication until the time specified in subdivision (b).

(b) This section applies to judicial partition of real property

which is subject to a contract under Article 3 (commencing with

Section 51240) of Chapter 7 of Part 1 of Division 1 of Title 5 and

which will remain subject to that contract subsequent to the filing

of the parcel map or final map. With respect to any parcel created

by a parcel map or final map subject to this section, payment of

exactions and acceptance of offers of dedication under this section

shall be deferred by the local agency until the contract terminates

or is canceled as to that parcel, except that no deferral is

required under this subdivision as to fees and assessments that are

due and payable for governmental services provided to the parcel

prior to termination or cancellation of the contract. The applicants

for a parcel map or final map subject to this section shall be

personally liable for performance of obligations deferred under this

section at the time they become due.

 

 

 

66412. This division shall be inapplicable to:

(a) The financing or leasing of apartments, offices, stores, or

similar space within apartment buildings, industrial buildings,

commercial buildings, mobilehome parks, or trailer parks.

(b) Mineral, oil, or gas leases.

(c) Land dedicated for cemetery purposes under the Health and

Safety Code.

(d) A lot line adjustment between four or fewer existing adjoining

parcels, where the land taken from one parcel is added to an

adjoining parcel, and where a greater number of parcels than

originally existed is not thereby created, if the lot line adjustment

is approved by the local agency, or advisory agency. A local agency

or advisory agency shall limit its review and approval to a

determination of whether or not the parcels resulting from the lot

line adjustment will conform to the local general plan, any

applicable coastal plan, and zoning and building ordinances. An

advisory agency or local agency shall not impose conditions or

exactions on its approval of a lot line adjustment except to conform

to the local general plan, any applicable coastal plan, and zoning

and building ordinances, to require the prepayment of real property

taxes prior to the approval of the lot line adjustment, or to

facilitate the relocation of existing utilities, infrastructure, or

easements. No tentative map, parcel map, or final map shall be

required as a condition to the approval of a lot line adjustment.

The lot line adjustment shall be reflected in a deed, which shall be

recorded. No record of survey shall be required for a lot line

adjustment unless required by Section 8762 of the Business and

Professions Code.

(e) Boundary line or exchange agreements to which the State Lands

Commission or a local agency holding a trust grant of tide and

submerged lands is a party.

(f) Any separate assessment under Section 2188.7 of the Revenue

and Taxation Code.

(g) Unless a parcel or final map was approved by the legislative

body of a local agency, the conversion of a community apartment

project, as defined in Section 1351 of the Civil Code, to a

condominium, as defined in Section 783 of the Civil Code, but only if

all of the following requirements are met:

(1) At least 75 percent of the units in the project were occupied

by record owners of the project on March 31, 1982.

(2) A final or parcel map of the project was properly recorded, if

the property was subdivided, as defined in Section 66424, after

January 1, 1964, with all of the conditions of that map remaining in

effect after the conversion.

(3) The local agency certifies that the above requirements were

satisfied if the local agency, by ordinance, provides for that

certification.

(4) Subject to compliance with subdivision (e) of Section 1351 of

the Civil Code, all conveyances and other documents necessary to

effectuate the conversion shall be executed by the required number of

owners in the project as specified in the bylaws or other

organizational documents. If the bylaws or other organizational

documents do not expressly specify the number of owners necessary to

execute the conveyances and other documents, a majority of owners in

the project shall be required to execute the conveyances or other

documents. Conveyances and other documents executed under the

foregoing provisions shall be binding upon and affect the interests

of all parties in the project.

(h) Unless a parcel or final map was approved by the legislative

body of a local agency, the conversion of a stock cooperative, as

defined in Section 1351 of the Civil Code, to a condominium, as

defined in Section 783 of the Civil Code, but only if all of the

following requirements are met:

(1) At least 51 percent of the units in the cooperative were

occupied by stockholders of the cooperative on January 1, 1981, or

individually owned by stockholders of the cooperative on January 1,

1981. As used in this paragraph, a cooperative unit is "individually

owned" if and only if the stockholder of that unit owns or partially

owns an interest in no more than one unit in the cooperative.

(2) No more than 25 percent of the shares of the cooperative were

owned by any one person, as defined in Section 17, including an

incorporator or director of the cooperative, on January 1, 1981.

(3) A person renting a unit in a cooperative shall be entitled at

the time of conversion to all tenant rights in state or local law,

including, but not limited to, rights respecting first refusal,

notice, and displacement and relocation benefits.

(4) The local agency certifies that the above requirements were

satisfied if the local agency, by ordinance, provides for that

certification.

(5) Subject to compliance with subdivision (e) of Section 1351 of

the Civil Code, all conveyances and other documents necessary to

effectuate the conversion shall be executed by the required number of

owners in the cooperative as specified in the bylaws or other

organizational documents. If the bylaws or other organizational

documents do not expressly specify the number of owners necessary to

execute the conveyances and other documents, a majority of owners in

the cooperative shall be required to execute the conveyances or other

documents. Conveyances and other documents executed under the

foregoing provisions shall be binding upon and affect the interests

of all parties in the cooperative.

(i) The leasing of, or the granting of an easement to, a parcel of

land, or any portion or portions thereof, in conjunction with the

financing, erection, and sale or lease of a windpowered electrical

generation device on the land, if the project is subject to

discretionary action by the advisory agency or legislative body.

(j) The leasing or licensing of a portion of a parcel, or the

granting of an easement, use permit, or similar right on a portion of

a parcel, to a telephone corporation as defined in Section 234 of

the Public Utilities Code, exclusively for the placement and

operation of cellular radio transmission facilities, including, but

not limited to, antennae support structures, microwave dishes,

structures to house cellular communications transmission equipment,

power sources, and other equipment incidental to the transmission of

cellular communications, if the project is subject to discretionary

action by the advisory agency or legislative body.

(k) Leases of agricultural land for agricultural purposes. As

used in this subdivision, "agricultural purposes" means the

cultivation of food or fiber, or the grazing or pasturing of

livestock.

 

 

66412.1. This division shall also be inapplicable to:

(a) The financing or leasing of any parcel of land, or any portion

thereof, in conjunction with the construction of commercial or

industrial buildings on a single parcel, unless the project is not

subject to review under other local agency ordinances regulating

design and improvement.

(b) The financing or leasing of existing separate commercial or

industrial buildings on a single parcel.

 

 

 

66412.2. This division shall not apply to the construction,

financing, or leasing of dwelling units pursuant to Section 65852.1

or second units pursuant to Section 65852.2, but this division shall

be applicable to the sale or transfer, but not leasing, of those

units.

 

 

 

66412.3. In carrying out the provisions of this division, each

local agency shall consider the effect of ordinances and actions

adopted pursuant to this division on the housing needs of the region

in which the local jurisdiction is situated and balance these needs

against the public service needs of its residents and available

fiscal and environmental resources.

 

 

 

66412.5. When so provided by local ordinance, this division shall

be inapplicable to subdivisions of four parcels or less for

construction of removable commercial buildings having a floor area of

less than 100 square feet.

 

 

66412.6. (a) For purposes of this division or of a local ordinance

enacted pursuant thereto, any parcel created prior to March 4, 1972,

shall be conclusively presumed to have been lawfully created if the

parcel resulted from a division of land in which fewer than five

parcels were created and if at the time of the creation of the

parcel, there was no local ordinance in effect which regulated

divisions of land creating fewer than five parcels.

(b) For purposes of this division or of a local ordinance enacted

pursuant thereto, any parcel created prior to March 4, 1972, shall be

conclusively presumed to have been lawfully created if any

subsequent purchaser acquired that parcel for valuable consideration

without actual or constructive knowledge of a violation of this

division or the local ordinance. Owners of parcels or units of land

affected by the provisions of this subdivision shall be required to

obtain a certificate of compliance or a conditional certificate of

compliance pursuant to Section 66499.35 prior to obtaining a permit

or other grant of approval for development of the parcel or unit of

land. For purposes of determining whether the parcel or unit of land

complies with the provisions of this division and of local

ordinances enacted pursuant thereto, as required pursuant to

subdivision (a) of Section 66499.35, the presumption declared in this

subdivision shall not be operative.

(c) This section shall become operative January 1, 1995.

 

 

 

66412.7. A subdivision shall be deemed established for purposes of

subdivision (d) of Section 66499.30 and any other provision of this

division on the date of recordation of the final map or parcel map,

except that in the case of (1) maps filed for approval prior to March

4, 1972, and subsequently approved by the local agency or (2)

subdivisions exempted from map requirements by a certificate of

exception (or the equivalent) applied for prior to such date and

subsequently issued by the local agency pursuant to local ordinance,

the subdivision shall be deemed established on the date the map or

application for a certificate of exception (or the equivalent) was

filed with the local agency.

 

 

 

66412.8. (a) A project located in Los Angeles County that is

approved by a public agency before the effective date of the act

adding this section is not in violation of any requirement of this

division by reason of the failure to construct a roadway across the

property transferred to the state pursuant to subdivision (c) of

Section 21080.29 of the Public Resources Code and to construct a

bridge over the adjacent Ballona Channel in Los Angeles County,

otherwise required as a condition of approval of a vesting tentative

map or a tentative map, if all of the following conditions apply:

(1) The improvements specified in subdivision (a) are not

constructed, due in whole or in part, to the project owner's or

developer's relinquishment of easement rights to construct the

improvements.

(2) The easement rights specified in paragraph (1) are

relinquished in connection with the acquisition by the State of

California, acting by and through the Wildlife Conservation Board of

the Department of Fish and Game, of a wetlands project that is a

minimum of 400 acres in size and located in the coastal zone.

(b) Where the easement rights have been relinquished, any

municipal ordinance or regulation adopted by a charter city or a

general law city shall be inapplicable to the extent that the

ordinance or regulation requires construction of the transportation

improvements specified in subdivision (a), or would otherwise require

reprocessing or resubmittal of a permit or approval, including, but

not limited to, a final recorded map, a vesting tentative map, or a

tentative map, as a result of the transportation improvements

specified in subdivision (a) not being constructed.

 

 

 

 

66413. (a) When any area in a subdivision as to which a final map

has been finally approved by a board of supervisors and filed for

record pursuant to this division is thereafter annexed to a city, the

final map and any agreements relating to the subdivision shall

continue to govern the subdivision.

(b) When any area in a subdivision or proposed subdivision as to

which a tentative map or vesting tentative map has been filed but a

final map has not been finally approved, or as to which a parcel map

is required by this division or local ordinance but the final act

required to make the parcel map effective has not been taken, is

annexed to a city, all procedures and regulations required by this

division or by local ordinance of the annexing city shall be deemed

to commence as of the effective date of the annexation and the map

shall comply with the requirements of any applicable ordinance of the

city to which the area is annexed.

 

 

66413.5. (a) When any area in a subdivision or proposed subdivision

as to which a tentative map meeting the criteria of this section has

been approved by a board of supervisors is incorporated into a newly

incorporated city, the newly incorporated city shall approve the

final map if it meets all of the conditions of the tentative map and

meets the requirements and conditions for approval of final maps as

provided in Article 4 (commencing with Section 66456), and other

requirements of this division.

(b) When any area in a subdivision or proposed subdivision as to

which a vesting tentative map meeting the criteria of this section

has been approved by a board of supervisors is incorporated into a

newly incorporated city, the newly incorporated city shall approve

the final map and give effect to the vesting tentative map as

provided in Chapter 4.5 (commencing with Section 66498.1), if the

final map meets all of the conditions of the vesting tentative map

and meets the requirements and conditions for approval of final maps

as provided in Article 4 (commencing with Section 66456), Chapter 4.5

(commencing with Section 66498.1), and other requirements of this

division.

(c) Notwithstanding subdivisions (a) and (b), the newly

incorporated city may condition or deny a permit, approval, or

extension, or entitlement if it determines either of the following:

(1) Failure to do so would place the residents of the subdivision

or the immediate community, or both, in a condition dangerous to

their health or safety, or both.

(2) The condition or denial is required, in order to comply with

state or federal law.

(d) The rights conferred by this section shall expire if a final

map application is not timely filed prior to the expiration of the

tentative or vesting tentative map. Prior to the approval of the

final map, the rights conferred by this section shall be subject to

the applicable time periods set forth in Section 66452.6, which shall

not exceed eight years from the date of the incorporation unless an

applicant and the newly incorporated city mutually agree to a longer

period provided by this division.

(e) An approved tentative map or vesting tentative map shall not

limit a newly incorporated city from imposing reasonable conditions

on subsequent required approvals or permits necessary for the

development, and authorized by the ordinances, policies, and

standards described in Section 66474.2.

(f) Except as otherwise provided in subdivision (g), this section

applies to any approved tentative map or approved vesting tentative

map that meets both of the following requirements:

(1) The application for the tentative map or the vesting tentative

map is submitted prior to the date that the first signature was

affixed to the petition for incorporation pursuant to Section 56704,

regardless of the validity of the first signature, or the adoption of

the resolution pursuant to Section 56800, whichever occurs first.

(2) The county approved the tentative map or the vesting tentative

map prior to the date of the election on the question of

incorporation.

(g) This section does not apply to any territory for which the

effective date of the incorporation is prior to January 1, 1999.

(h) It is not the intent of the Legislature to influence or affect

any litigation pending on or initiated before January 1, 1999.

 

 

 

66414. The definitions in this article apply to the provisions of

this division only and do not affect any other provisions of law.

 

 

 

66415. "Advisory agency" means a designated official or an official

body charged with the duty of making investigations and reports on

the design and improvement of proposed divisions of real property,

the imposing of requirements or conditions thereon, or having the

authority by local ordinance to approve, conditionally approve or

disapprove maps.

 

 

 

66416. "Appeal board" means a designated board or other official

body charged with the duty of hearing and making determinations upon

appeals with respect to divisions of real property, the imposition of

requirements or conditions thereon, or the kinds, nature and extent

of the design or improvements, or both, recommended or decided by the

advisory agency to be required.

 

 

 

66416.5. (a) "City engineer" means the person authorized to perform

the functions of a city engineer. The land surveying functions of a

city engineer may be performed by a city surveyor, if that position

has been created by the local agency.

(b) A city engineer registered as a civil engineer after January

1, 1982, shall not be authorized to prepare, examine, or approve the

surveying maps and documents. The examinations, certifications, and

approvals of the surveying maps and documents shall only be performed

by a person authorized to practice land surveying pursuant to the

Professional Land Surveyors Act (Chapter 15 (commencing with Section

8700) of Division 3 of the Business and Professions Code) or a person

registered as a civil engineer prior to January 1, 1982, pursuant to

the Professional Engineers Act (Chapter 7 (commencing with Section

6700) of Division 3 of the Business and Professions Code).

(c) Nothing contained in this provision shall prevent a city

engineer from delegating the land surveying functions to a person

authorized to practice land surveying. Where there is no person

authorized to practice land surveying within the city or agency,

nothing shall prevent the city engineer from contracting with a

person who is authorized to practice land surveying to perform the

land surveying functions.

 

 

66417. (a) "County surveyor" includes county engineer, if there is

no county surveyor.

(b) A county engineer registered as a civil engineer after January

1, 1982, shall not be authorized to prepare, examine, or approve the

surveying maps and documents. The examinations, certifications, and

approvals of the surveying maps and documents shall only be

performed by a person authorized to practice land surveying pursuant

to the Professional Land Surveyors Act (Chapter 15 (commencing with

Section 8700) of Division 3 of the Business and Professions Code) or

a person registered as a civil engineer prior to January 1, 1982,

pursuant to the Professional Engineers Act (Chapter 7 (commencing

with Section 6700) of Division 3 of the Business and Professions

Code).

 

 

66418. "Design" means: (1) street alignments, grades and widths;

(2) drainage and sanitary facilities and utilities, including

alignments and grades thereof; (3) location and size of all required

easements and rights-of-way; (4) fire roads and firebreaks; (5) lot

size and configuration; (6) traffic access; (7) grading; (8) land to

be dedicated for park or recreational purposes; and (9) other

specific physical requirements in the plan and configuration of the

entire subdivision that are necessary to ensure consistency with, or

implementation of, the general plan or any applicable specific plan

as required pursuant to Section 66473.5.

 

 

 

66418.1. "Development" means the uses to which the land which is

the subject of a map shall be put, the buildings to be constructed on

it, and all alterations of the land and construction incident

thereto.

 

 

66418.2. (a) "Environmental subdivision" means a subdivision of

land pursuant to this division for biotic and wildlife purposes that

meets all of the conditions specified in subdivision (b).

(b) Prior to approving or conditionally approving an environmental

subdivision, the local agency shall find each of the following:

(1) That factual biotic or wildlife data, or both, are available

to the local agency to support the approval of the subdivision, prior

to approving or conditionally approving the environmental

subdivision.

(2) That provisions have been made for the perpetual maintenance

of the property as a biotic or wildlife habitat, or both, in

accordance with the conditions specified by any local, state, or

federal agency requiring mitigation.

(3) That an easement will be recorded in the county in which the

land is located to ensure compliance with the conditions specified by

any local, state, or federal agency requiring the mitigation. The

easement shall contain a covenant with a county, city, or nonprofit

organization running with the land in perpetuity, that the landowner

shall not construct or permit the construction of improvements except

those for which the right is expressly reserved in the instrument.

Where the biotic or wildlife habitat, or both, are compatible, the

local agency shall consider requiring the easement to contain a

requirement for the joint management and maintenance of the resulting

parcels. This reservation shall not be inconsistent with the

purposes of this section and shall not be incompatible with

maintaining and preserving the biotic or wildlife character, or both,

of the land.

(4) The real property is at least 20 acres in size, or if it is

less than 20 acres in size, the following conditions are met:

(A) The land is contiguous to other land that would also qualify

as an environmental subdivision.

(B) The other land is subject to a recorded perpetual easement

that restricts its use to a biotic or wildlife habitat, or both.

(C) The total combined acreage of the lands would be 20 acres or

more.

(D) Where the biotic or wildlife habitat, or both, are compatible,

the land and the other land will be jointly managed and maintained.

 

(c) Notwithstanding subdivision (a) of Section 66411.1, any

improvement, dedication, or design required by the local agency as a

condition of approval of an environmental subdivision shall be solely

for the purposes of ensuring compliance with the conditions required

by the local, state, or federal agency requiring the mitigation.

(d) After recordation of an environmental subdivision, a

subdivider may only abandon an environmental subdivision by reversion

to acreage pursuant to Chapter 6 (commencing with Section 66499.11)

if the local agency finds that all of the following conditions exist:

 

(1) None of the parcels created by the environmental subdivision

has been sold or exchanged.

(2) None of the parcels is being used, set aside, or required for

mitigation purposes pursuant to this section.

(3) Upon abandonment and reversion to acreage pursuant to this

subdivision, the easement for biotic and wildlife purposes is

extinguished.

(e) If the environmental subdivision is abandoned and reverts to

acreage pursuant to subdivision (d), all local, state, and federal

requirements shall apply.

(f) This section shall apply only upon the written request of the

landowner at the time the land is divided. This section is not

intended to limit or preclude subdivision by other lawful means for

the mitigation of impacts to the environment, or of the land devoted

to these purposes, or to require the division of land for these

purposes.

 

 

 

66419. (a) "Improvement" refers to any street work and utilities to

be installed, or agreed to be installed, by the subdivider on the

land to be used for public or private streets, highways, ways, and

easements, as are necessary for the general use of the lot owners in

the subdivision and local neighborhood traffic and drainage needs as

a condition precedent to the approval and acceptance of the final map

thereof.

(b) "Improvement" also refers to any other specific improvements

or types of improvements, the installation of which, either by the

subdivider, by public agencies, by private utilities, by any other

entity approved by the local agency, or by a combination thereof, is

necessary to ensure consistency with, or implementation of, the

general plan or any applicable specific plan.

 

 

 

 

66420. "Local agency" means a city, county or city and county.

 

 

 

66421. "Local ordinance" refers to a local ordinance regulating the

design and improvement of subdivisions, enacted by the legislative

body of any local agency under the provisions of this division or any

prior statute, regulating the design and improvements of

subdivisions, insofar as the provisions of the ordinance are

consistent with and not in conflict with the provisions of this

division.

 

 

66422. "Certificate of exception" means a valid authorization to

subdivide land, issued by the County of Los Angeles pursuant to an

ordinance thereof, adopted between September 22, 1967, and March 4,

1972, and which at the time of issuance did not conflict with this

division or any statutory predecessor thereof.

 

 

 

66423. "Subdivider" means a person, firm, corporation, partnership

or association who proposes to divide, divides or causes to be

divided real property into a subdivision for himself or for others

except that employees and consultants of such persons or entities,

acting in such capacity, are not "subdividers."

 

 

 

66424. "Subdivision" means the division, by any subdivider, of any

unit or units of improved or unimproved land, or any portion thereof,

shown on the latest equalized county assessment roll as a unit or as

contiguous units, for the purpose of sale, lease or financing,

whether immediate or future. Property shall be considered as

contiguous units, even if it is separated by roads, streets, utility

easement or railroad rights-of-way. "Subdivision" includes a

condominium project, as defined in subdivision (f) of Section 1351 of

the Civil Code, a community apartment project, as defined in

subdivision (d) of Section 1351 of the Civil Code, or the conversion

of five or more existing dwelling units to a stock cooperative, as

defined in subdivision (m) of Section 1351 of the Civil Code.

 

 

 

66424.1. Nothing in Section 66424 shall prevent a purchaser of a

unit of land created under the provisions of this division or a local

ordinance enacted pursuant thereto, from subdividing the land one or

more times, pursuant to the provisions of this division prior to the

time that an equalized county assessment roll has been completed

reflecting the creation of the unit proposed to be subdivided.

Nothing contained in this chapter shall prevent the same

subdivider of a unit of land created under the provisions of this

division, or a local ordinance enacted pursuant thereto, from making

consecutive subdivisions of the same parcel or any portion thereof.

Further, local agencies shall not, by ordinance or policy,

prohibit consecutive subdivision of the same parcel or any portion

thereof either by the same subdivider or a subsequent purchaser

because the parcel was previously subdivided.

Nothing contained in this section shall limit the authority of a

local agency to impose appropriate conditions or requirements on the

consecutive subdivisions.

 

 

 

66424.5. (a) "Tentative map" refers to a map made for the purpose

of showing the design and improvement of a proposed subdivision and

the existing conditions in and around it and need not be based upon

an accurate or detailed final survey of the property.

(b) "Vesting tentative map" refers to a map which meets the

requirements of subdivision (a) and Section 66452.

 

 

 

66424.6. (a) When a subdivision, as defined in Section 66424, is of

a portion of any unit or units of improved or unimproved land, the

subdivider may designate as a remainder that portion which is not

divided for the purpose of sale, lease, or financing. Alternatively,

the subdivider may omit entirely that portion of any unit of

improved or unimproved land which is not divided for the purpose of

sale, lease, or financing. If the subdivider elects to designate a

remainder, the following requirements shall apply:

(1) The designated remainder shall not be counted as a parcel for

the purpose of determining whether a parcel or final map is required.

 

(2) For a designated remainder parcel described in this

subdivision, the fulfillment of construction requirements for

improvements, including the payment of fees associated with any

deferred improvements, shall not be required until a permit or other

grant of approval for development of the remainder parcel is issued

by the local agency or, where provided by local ordinance, until the

construction of the improvements, including the payment of fees

associated with any deferred improvements, is required pursuant to an

agreement between the subdivider and the local agency. In the

absence of that agreement, a local agency may require fulfillment of

the construction requirements, including the payment of fees

associated with any deferred improvements, within a reasonable time

following approval of the final map and prior to the issuance of a

permit or other grant of approval for the development of a remainder

parcel upon a finding by the local agency that fulfillment of the

construction requirements is necessary for reasons of:

(A) The public health and safety; or

(B) The required construction is a necessary prerequisite to the

orderly development of the surrounding area.

(b) If the subdivider elects to omit all or a portion of any unit

of improved or unimproved land which is not divided for the purpose

of sale, lease, or financing, the omitted portion shall not be

counted as a parcel for purposes of determining whether a parcel or

final map is required, and the fulfillment of construction

requirements for offsite improvements, including the payment of fees

associated with any deferred improvements, shall not be required

until a permit or other grant of approval for development is issued

on the omitted parcel, except where allowed pursuant to paragraph (2)

of subdivision (a).

(c) The provisions of subdivisions (a) and (b) providing for

deferral of the payment of fees associated with any deferred

improvements shall not apply if the designated remainder or omitted

parcel is included within the boundaries of a benefit assessment

district or community facilities district.

(d) A designated remainder or any omitted parcel may subsequently

be sold without any further requirement of the filing of a parcel map

or final map, but the local agency may require a certificate of

compliance or conditional certificate of compliance.

 

 

 

66425. The necessity for tentative, final and parcel maps shall be

governed by the provisions of this chapter.

 

 

 

66426. A tentative and final map shall be required for all

subdivisions creating five or more parcels, five or more condominiums

as defined in Section 783 of the Civil Code, a community apartment

project containing five or more parcels, or for the conversion of a

dwelling to a stock cooperative containing five or more dwelling

units, except where any one of the following occurs:

(a) The land before division contains less than five acres, each

parcel created by the division abuts upon a maintained public street

or highway, and no dedications or improvements are required by the

legislative body.

(b) Each parcel created by the division has a gross area of 20

acres or more and has an approved access to a maintained public

street or highway.

(c) The land consists of a parcel or parcels of land having

approved access to a public street or highway, which comprises part

of a tract of land zoned for industrial or commercial development,

and which has the approval of the governing body as to street

alignments and widths.

(d) Each parcel created by the division has a gross area of not

less than 40 acres or is not less than a quarter of a quarter

section.

(e) The land being subdivided is solely for the creation of an

environmental subdivision pursuant to Section 66418.2.

(f) A parcel map shall be required for those subdivisions

described in subdivisions (a), (b), (c), (d), and (e).

 

 

 

66426.5. Any conveyance of land to a governmental agency, public

entity, public utility or subsidiary of a public utility for

conveyance to that public utility for rights-of-way shall not be

considered a division of land for purposes of computing the number of

parcels. For purposes of this section, any conveyance of land to a

governmental agency shall include a fee interest, a leasehold

interest, an easement, or a license.

 

 

 

66427. (a) A map of a condominium project, a community apartment

project, or of the conversion of five or more existing dwelling units

to a stock cooperative project need not show the buildings or the

manner in which the buildings or the airspace above the property

shown on the map are to be divided, nor shall the governing body have

the right to refuse approval of a parcel, tentative, or final map of

the project on account of the design or the location of buildings on

the property shown on the map that are not violative of local

ordinances or on account of the manner in which airspace is to be

divided in conveying the condominium.

(b) A map need not include a condominium plan or plans, as defined

in subdivision (e) of Section 1351 of the Civil Code, and the

governing body may not refuse approval of a parcel, tentative, or

final map of the project on account of the absence of a condominium

plan.

(c) Fees and lot design requirements shall be computed and imposed

with respect to those maps on the basis of parcels or lots of the

surface of the land shown thereon as included in the project.

(d) Nothing herein shall be deemed to limit the power of the

legislative body to regulate the design or location of buildings in a

project by or pursuant to local ordinances.

(e) If the governing body has approved a parcel map or final map

for the establishment of condominiums on property pursuant to the

requirements of this division, the separation of a three-dimensional

portion or portions of the property from the remainder of the

property or the division of that three-dimensional portion or

portions into condominiums shall not constitute a further subdivision

as defined in Section 66424, provided each of the following

conditions has been satisfied:

(1) The total number of condominiums established is not increased

above the number authorized by the local agency in approving the

parcel map or final map.

(2) A perpetual estate or an estate for years in the remainder of

the property is held by the condominium owners in undivided interests

in common, or by an association as defined in subdivision (a) of

Section 1351 of the Civil Code, and the duration of the estate in the

remainder of the property is the same as the duration of the estate

in the condominiums.

(3) The three-dimensional portion or portions of property are

described on a condominium plan or plans, as defined in subdivision

(e) of Section 1351 of the Civil Code.

 

 

 

66427.1. The legislative body shall not approve a final map for a

subdivision to be created from the conversion of residential real

property into a condominium project, a community apartment project,

or a stock cooperative project unless it finds all of the following:

 

(a) Each of the tenants of the proposed condominium, community

apartment project or stock cooperative project has received, pursuant

to Section 66452.9, written notification of intention to convert at

least 60 days prior to the filing of a tentative map pursuant to

Section 66452. There shall be a further finding that each such

tenant, and each person applying for the rental of a unit in such

residential real property, has, or will have, received all applicable

notices and rights now or hereafter required by this chapter or

Chapter 3 (commencing with Section 66451). In addition, a finding

shall be made that each tenant has received 10 days' written

notification that an application for a public report will be, or has

been, submitted to the Department of Real Estate, and that such

report will be available on request. The written notices to tenants

required by this subdivision shall be deemed satisfied if such

notices comply with the legal requirements for service by mail.

(b) Each of the tenants of the proposed condominium, community

apartment project, or stock cooperative project has been, or will be,

given written notification within 10 days of approval of a final map

for the proposed conversion.

(c) Each of the tenants of the proposed condominium, community

apartment project, or stock cooperative project has been, or will be,

given 180 days' written notice of intention to convert prior to

termination of tenancy due to the conversion or proposed conversion.

The provisions of this subdivision shall not alter or abridge the

rights or obligations of the parties in performance of their

covenants, including, but not limited to, the provision of services,

payment of rent or the obligations imposed by Sections 1941, 1941.1,

and 1941.2 of the Civil Code.

(d) Each of the tenants of the proposed condominium, community

apartment project, or stock cooperative project has been, or will be,

given notice of an exclusive right to contract for the purchase of

his or her respective unit upon the same terms and conditions that

such unit will be initially offered to the general public or terms

more favorable to the tenant. The right shall run for a period of

not less than 90 days from the date of issuance of the subdivision

public report pursuant to Section 11018.2 of the Business and

Professions Code, unless the tenant gives prior written notice of his

or her intention not to exercise the right.

(e) This section shall not diminish, limit or expand, other than

as provided herein, the authority of any city, county, or city and

county to approve or disapprove condominium projects.

 

 

 

66427.2. Unless applicable general or specific plans contain

definite objectives and policies, specifically directed to the

conversion of existing buildings into condominium projects or stock

cooperatives, the provisions of Sections 66473.5, 66474, and

66474.61, and subdivision (c) of Section 66474.60 shall not apply to

condominium projects or stock cooperatives, which consist of the

subdivision of airspace in an existing structure, unless new units

are to be constructed or added.

A city, county, or city and county acting pursuant to this section

shall approve or disapprove the conversion of an existing building

to a stock cooperative within 120 days following receipt of a

completed application for approval of such conversion.

This section shall not diminish, limit or expand, other than as

provided herein, the authority of any city, county, or city and

county to approve or disapprove condominium projects.

 

 

 

66427.4. (a) At the time of filing a tentative or parcel map for a

subdivision to be created from the conversion of a mobilehome park to

another use, the subdivider shall also file a report on the impact

of the conversion upon the displaced residents of the mobilehome park

to be converted. In determining the impact of the conversion on

displaced mobilehome park residents, the report shall address the

availability of adequate replacement space in mobilehome parks.

(b) The subdivider shall make a copy of the report available to

each resident of the mobilehome park at least 15 days prior to the

hearing on the map by the advisory agency or, if there is no advisory

agency, by the legislative body.

(c) The legislative body, or an advisory agency which is

authorized by local ordinance to approve, conditionally approve, or

disapprove the map, may require the subdivider to take steps to

mitigate any adverse impact of the conversion on the ability of

displaced mobilehome park residents to find adequate space in a

mobilehome park.

(d) This section establishes a minimum standard for local

regulation of conversions of mobilehome parks into other uses and

shall not prevent a local agency from enacting more stringent

measures.

(e) This section shall not be applicable to a subdivision which is

created from the conversion of a rental mobilehome park to resident

ownership.

 

 

 

66427.5. At the time of filing a tentative or parcel map for a

subdivision to be created from the conversion of a rental mobilehome

park to resident ownership, the subdivider shall avoid the economic

displacement of all nonpurchasing residents in the following manner:

 

(a) The subdivider shall offer each existing tenant an option to

either purchase his or her condominium or subdivided unit, which is

to be created by the conversion of the park to resident ownership, or

to continue residency as a tenant.

(b) The subdivider shall file a report on the impact of the

conversion upon residents of the mobilehome park to be converted to

resident owned subdivided interest.

(c) The subdivider shall make a copy of the report available to

each resident of the mobilehome park at least 15 days prior to the

hearing on the map by the advisory agency or, if there is no advisory

agency, by the legislative body.

(d) (1) The subdivider shall obtain a survey of support of

residents of the mobilehome park for the proposed conversion.

(2) The survey of support shall be conducted in accordance with an

agreement between the subdivider and a resident homeowners'

association, if any, that is independent of the subdivider or

mobilehome park owner.

(3) The survey shall be obtained pursuant to a written ballot.

(4) The survey shall be conducted so that each occupied mobilehome

space has one vote.

(5) The results of the survey shall be submitted to the local

agency upon the filing of the tentative or parcel map, to be

considered as part of the subdivision map hearing prescribed by

subdivision (e).

(e) The subdivider shall be subject to a hearing by a legislative

body or advisory agency, which is authorized by local ordinance to

approve, conditionally approve, or disapprove the map. The scope of

the hearing shall be limited to the issue of compliance with this

section.

(f) The subdivider shall be required to avoid the economic

displacement of all nonpurchasing residents in accordance with the

following:

(1) As to nonpurchasing residents who are not lower income

households, as defined in Section 50079.5 of the Health and Safety

Code, the monthly rent, including any applicable fees or charges for

use of any preconversion amenities, may increase from the

preconversion rent to market levels, as defined in an appraisal

conducted in accordance with nationally recognized professional

appraisal standards, in equal annual increases over a four-year

period.

(2) As to nonpurchasing residents who are lower income households,

as defined in Section 50079.5 of the Health and Safety Code, the

monthly rent, including any applicable fees or charges for use of any

preconversion amenities, may increase from the preconversion rent by

an amount equal to the average monthly increase in rent in the four

years immediately preceding the conversion, except that in no event

shall the monthly rent be increased by an amount greater than the

average monthly percentage increase in the Consumer Price Index for

the most recently reported period.

 

 

 

66428. (a) Local ordinances may require a tentative map where a

parcel map is required by this chapter. A parcel map shall be

required for subdivisions as to which a final or parcel map is not

otherwise required by this chapter, unless the preparation of the

parcel map is waived by local ordinance as provided in this section.

A parcel map shall not be required for either of the following:

(1) Subdivisions of a portion of the operating right-of-way of a

railroad corporation, as defined by Section 230 of the Public

Utilities Code, that are created by short-term leases (terminable by

either party on not more than 30 days' notice in writing).

(2) Land conveyed to or from a governmental agency, public entity,

public utility, or for land conveyed to a subsidiary of a public

utility for conveyance to that public utility for rights-of-way,

unless a showing is made in individual cases, upon substantial

evidence, that public policy necessitates a parcel map. For purposes

of this subdivision, land conveyed to or from a governmental agency

shall include a fee interest, a leasehold interest, an easement, or a

license.

(b) A local agency shall, by ordinance, provide a procedure for

waiving the requirement for a parcel map, imposed by this division,

including the requirements for a parcel map imposed by Section 66426.

The procedure may include provisions for waiving the requirement

for a tentative and final map for the construction of a condominium

project on a single parcel. The ordinance shall require a finding by

the legislative body or advisory agency, that the proposed division

of land complies with requirements established by this division or

local ordinance enacted pursuant thereto as to area, improvement and

design, floodwater drainage control, appropriate improved public

roads, sanitary disposal facilities, water supply availability,

environmental protection, and other requirements of this division or

local ordinance enacted pursuant thereto. In any case, where the

requirement for a parcel map is waived by local ordinance pursuant to

this section, a tentative map may be required by local ordinance.

(c) If a local ordinance does not require a tentative map where a

parcel map is required by this division, the subdivider shall have

the option of submitting a tentative map, or if he or she desires to

obtain the rights conferred by Chapter 4.5 (commencing with Section

66498.1), a vesting tentative map.

 

 

 

66428.1. (a) When at least two-thirds of the owners of mobilehomes

who are tenants in the mobilehome park sign a petition indicating

their intent to purchase the mobilehome park for purposes of

converting it to resident ownership, and a field survey is performed,

the requirement for a parcel map or a tentative and final map shall

be waived unless any of the following conditions exist:

(1) There are design or improvement requirements necessitated by

significant health or safety concerns.

(2) The local agency determines that there is an exterior boundary

discrepancy that requires recordation of a new parcel or tentative

and final map.

(3) The existing parcels which exist prior to the proposed

conversion were not created by a recorded parcel or final map.

(4) The conversion would result in the creation of more

condominium units or interests than the number of tenant lots or

spaces that exist prior to conversion.

(b) The petition signed by owners of mobilehomes in a mobilehome

park proposed for conversion to resident ownership pursuant to

subdivision (a) shall read as follows:

 

MOBILEHOME PARK PETITION AND DISCLOSURE STATEMENT

 

SIGNING THIS PETITION INDICATES YOUR SUPPORT FOR CONVERSION OF THIS

MOBILEHOME PARK TO RESIDENT OWNERSHIP. THIS DISCLOSURE STATEMENT

CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF ____, COUNTY OF

____, STATE OF CALIFORNIA, DESCRIBED AS ____. THE TOTAL COST FOR

CONVERSION AND PURCHASE OF THE PARK IS $___ TO $____, EXCLUDING

FINANCING COSTS. THE TOTAL COST TO YOU FOR CONVERSION AND PURCHASE

OF YOUR OWNERSHIP INTEREST IS $___ TO $____, EXCLUDING FINANCING

COSTS. IF TWO-THIRDS OF THE RESIDENTS IN THIS PARK SIGN THIS

PETITION INDICATING THEIR INTENT TO PURCHASE THE MOBILEHOME PARK FOR

PURPOSES OF CONVERTING IT TO RESIDENT OWNERSHIP, THEN THE

REQUIREMENTS FOR A NEW PARCEL, OR TENTATIVE AND FINAL SUBDIVISION MAP

IN COMPLIANCE WITH THE SUBDIVISION MAP ACT MUST BE WAIVED, WITH

CERTAIN VERY LIMITED EXCEPTIONS. WAIVING THESE PROVISIONS OF LAW

ELIMINATES NUMEROUS PROTECTIONS WHICH ARE AVAILABLE TO YOU.

___________Buyer, unit #, date ___________Petitioner, date

(c) The local agency shall provide an application for waiver

pursuant to this section. After the waiver application is deemed

complete pursuant to Section 65943, the local agency shall approve or

deny the application within 50 days. The applicant shall have the

right to appeal that decision to the governing body of the local

agency.

(d) If a tentative or parcel map is required, the local agency

shall not impose any offsite design or improvement requirements

unless these are necessary to mitigate an existing health or safety

condition. No other dedications, improvements, or in-lieu fees shall

be required by the local agency. In no case shall the mitigation of

a health or safety condition have the effect of reducing the number,

or changing the location, of existing mobilehome spaces.

(e) If the local agency imposes requirements on an applicant to

mitigate a health or safety condition, the applicant and the local

agency shall enter into an unsecured improvement agreement. The

local agency shall not require bonds or other security devices

pursuant to Chapter 5 (commencing with Section 66499) for the

performance of that agreement. The applicant shall have a period of

one year from the date the agreement was executed to complete those

improvements.

(f) If the waiver application provided for in this section is

denied by the local agency pursuant to the provisions of subdivision

(a), the applicant may proceed to convert the mobilehome park to a

tenant-owned, condominium ownership interest, but shall file a parcel

map or a tentative and final map. The local agency may not require

the applicant to file and record a tentative and final map unless the

conversion creates five or more parcels shown on the map. The

number of condominium units or interests created by the conversion

shall not determine whether the filing of a parcel or a tentative and

final map shall be required.

(g) For the purposes of this section, the meaning of "resident

ownership" shall be as defined in Section 50781 of the Health and

Safety Code.

 

 

66429. Of the maps required by this division, only final and parcel

maps may be filed for record in the office of the county recorder.

 

 

 

66430. No final map or parcel map required by this chapter or local

ordinance which creates a subdivision shall be filed with the local

agency without the written consent of all parties having any record

title interest in the real property proposed to be subdivided, except

as otherwise provided in this division.

 

 

66431. Upon mutual agreement of their respective legislative

bodies, the county surveyor may perform any or all of the duties

assigned to the city engineer, including required certifications or

statements. Whenever these duties have been divided between the

county surveyor and city engineer, each officer shall state the

duties performed by him or her.

 

 

 

 

66433. The content and form of final maps shall be governed by the

provisions of this article.

 

 

 

66434. The final map shall be prepared by or under the direction of

a registered civil engineer or licensed land surveyor, shall be

based upon a survey, and shall conform to all of the following

provisions:

(a) It shall be legibly drawn, printed, or reproduced by a process

guaranteeing a permanent record in black on tracing cloth or

polyester base film. Certificates, affidavits, and acknowledgments

may be legibly stamped or printed upon the map with opaque ink. If

ink is used on polyester base film, the ink surface shall be coated

with a suitable substance to assure permanent legibility.

(b) The size of each sheet shall be 18 by 26 inches or 460 by 660

millimeters. A marginal line shall be drawn completely around each

sheet, leaving an entirely blank margin of one inch or 025

millimeters. The scale of the map shall be large enough to show all

details clearly and enough sheets shall be used to accomplish this

end. The particular number of the sheet and the total number of

sheets comprising the map shall be stated on each of the sheets, and

its relation to each adjoining sheet shall be clearly shown.

(c) All survey and mathematical information and data necessary to

locate all monuments and to locate and retrace any and all interior

and exterior boundary lines appearing on the map shall be shown,

including bearings and distances of straight lines, and radii and arc

length or chord bearings and length for all curves, and any

information which may be necessary to determine the location of the

centers of curves and ties to existing monuments used to establish

the subdivision boundaries.

(d) Each parcel shall be numbered or lettered and each block may

be numbered or lettered. Each street shall be named or otherwise

designated. The subdivision number shall be shown together with the

description of the real property being subdivided.

(e) The exterior boundary of the land included within the

subdivision shall be indicated by distinctive symbols and clearly so

designated. The map shall show the definite location of the

subdivision, and particularly its relation to surrounding surveys.

If the map includes a "designated remainder" parcel, and the gross

area of the "designated remainder" parcel or similar parcel is five

acres or more, that remainder parcel need not be shown on the map and

its location need not be indicated as a matter of survey, but only

by deed reference to the existing boundaries of the remainder parcel.

 

A parcel designated as "not a part" shall be deemed to be a

"designated remainder" for purposes of this section.

(f) On and after January 1, 1987, no additional requirements shall

be included that do not affect record title interests. However, the

map shall contain a notation or reference to additional information

required by a local ordinance adopted pursuant to Section 66434.2.

(g) Any public streets or public easements to be left in effect

after the subdivision shall be adequately delineated on the map. The

filing of the final map shall constitute abandonment of all public

streets and public easements not shown on the map, provided that a

written notation of each abandonment is listed by reference to the

recording data or other official record creating these public streets

or public easements and certified to on the map by the clerk of the

legislative body or the designee of the legislative body approving

the map. Before a public easement vested in another public entity

may be abandoned pursuant to this section, that public entity shall

receive notice of the proposed abandonment. No public easement

vested in another public entity shall be abandoned pursuant to this

section if that public entity objects to the proposed abandonment.

 

 

 

 

66434.1. In the event that an owner's development lien has been

created pursuant to the provisions of Article 2.5 (commencing with

Section 17430) of Chapter 4 of Part 10.5 of the Education Code on the

real property or portion thereof subject to the final map, a notice

shall be placed on the face of the final map specifically referencing

the book and page in the county recorder's office in which the

resolution creating the owner's development lien was recorded. The

notice shall state that the property subdivided is subject to an

owner's development lien and that each parcel created by the

recordation of the final map shall be subject to a prorated amount of

the owner's development lien on a per acre or portion thereof basis.

 

 

 

 

66434.2. (a) On or after January 1, 1987, a city or county may, by

ordinance, require additional information to be filed or recorded

simultaneously with a final or parcel map. The additional

information shall be in the form of a separate document or an

additional map sheet which shall indicate its relationship to the

final or parcel map, and shall contain a statement that the

additional information is for informational purposes, describing

conditions as of the date of filing, and is not intended to affect

record title interest. The document or additional map sheet may

also contain a notation that the additional information is derived

from public records or reports, and does not imply the correctness or

sufficiency of those records or reports by the preparer of the

document or additional map sheet.

(b) Additional survey and map information may include, but need

not be limited to: building setback lines, flood hazard zones,

seismic lines and setbacks, geologic mapping, and archaeological

sites.

 

 

66434.5. When a soils report, geologic report, or soils and

geologic report has been prepared specifically for the subdivision,

each report shall be kept on file for public inspection by the city

or county having jurisdiction.

 

 

66435. Prior to filing, those certificates, statements, and

acknowledgments set forth in this article shall appear on the final

map and may be combined where appropriate.

 

 

 

66435.1. Notwithstanding any other provision of this article, local

agencies may require that those certificates, statements, and

acknowledgments required by Sections 66436 and 66443, be made by

separate instrument to be recorded concurrently with the final map

being filed for record.

 

 

 

66435.2. Whenever a certificate, statement, or acknowledgment is

made by separate instrument, there shall appear on the final map a

reference to the separately recorded document. This reference shall

be completed by the county recorder pursuant to Section 66468.1.

 

 

 

66436. (a) A statement, signed and acknowledged by all parties

having any record title interest in the subdivided real property,

consenting to the preparation and recordation of the final map is

required, except in the following circumstances:

(1) A lien for state, county, municipal, or local taxes or special

assessments, a trust interest under bond indentures, or mechanics'

liens do not constitute a record title interest in land for the

purpose of this chapter or any local ordinance.

(2) The signature of either the holder of beneficial interests

under trust deeds or the trustee under the trust deeds, but not both,

may be omitted. The signature of either shall constitute a full and

complete subordination of the lien of the deed of trust to the map

and any interest created by the map.

(3) Signatures of parties owning the following types of interests

may be omitted if their names and the nature of their respective

interests are stated on the final map:

(A) (i) Rights-of-way, easements or other interests which cannot

ripen into a fee, except those owned by a public entity, public

utility, or subsidiary of a public utility for conveyance to the

public utility for rights-of-way. If, however, the legislative body

or advisory agency determines that division and development of the

property in the manner set forth on the approved or conditionally

approved tentative map will not unreasonably interfere with the free

and complete exercise of the public entity or public utility

right-of-way or easement, the signature of the public entity or

public utility may be omitted. Where that determination is made, the

subdivider shall send, by certified mail, a sketch of the proposed

final map, together with a copy of this section, to any public entity

or public utility which has previously acquired a right-of-way or

easement.

(ii) If the public entity or utility objects to either recording

the final map without its signature or the determination of the

legislative body or advisory agency that the division and

development of the property will not unreasonably interfere with the

full and complete exercise of its right-of-way or easement, it shall

so notify the subdivider and the legislative body or advisory agency

within 30 days after receipt of the materials from the subdivider.

(iii) If the public entity or utility objects to recording the

final map without its signature, the public entity or utility so

objecting may affix its signature to the final map within 30 days of

filing its objection with the legislative body or advisory agency.

(iv) If the public entity or utility either does not file an

objection with the legislative body or advisory agency or fails to

affix its signature within 30 days of filing its objection to

recording the map without its signature, the local agency may record

the final map without the signature.

(v) If the public entity or utility files an objection to the

determination of the legislative body or advisory agency that the

division and development of the property will not unreasonably

interfere with the exercise of its right-of-way or easement, the

legislative body or advisory agency shall set the matter for public

hearing to be held not less than 10 nor more than 30 days of receipt

of the objection. At the hearing, the public entity or public

utility shall present evidence in support of its position that the

division and development of the property will unreasonably interfere

with the free and complete exercise of the objector's right-of-way or

easement.

(vi) If the legislative body or advisory agency finds, following

the hearing, that the development and division will in fact

unreasonably interfere with the free and complete exercise of the

objector's right-of-way or easement, it shall set forth those

conditions whereby the unreasonable interference will be eliminated

and upon compliance with those conditions by the subdivider, the

final map may be recorded with or without the signature of the

objector. If the legislative body or advisory agency finds that the

development and division will in fact not unreasonably interfere with

the free and complete exercise of the objector's right-of-way or

easement, the final map may be recorded without the signature of the

objector, notwithstanding the objections.

(vii) Failure of the public entity or public utility to file an

objection pursuant to this section shall in no way affect its rights

under a right-of-way or easement.

(viii) No fee shall be charged by a public entity, public utility,

subsidiary of a public utility, or objector for signing, omitting a

signature, or objecting pursuant to this section.

(B) Rights-of-way, easements, or reversions, which by reason of

changed conditions, long disuse, or laches appear to be no longer of

practical use or value and signatures are impossible or impractical

to obtain. A statement of the circumstances preventing the

procurement of the signatures shall also be stated on the map.

(C) Interests in, or rights to, minerals, including but not

limited to, oil, gas, or other hydrocarbon substances.

(4) Real property originally patented by the United States or by

the State of California, which original patent reserved interest to

either or both of those entities, may be included in the final map

without the consent of the United States or the State of California

to the map or to dedications made by it.

(b) No monetary liability shall be incurred by, and no cause of

action shall arise against, a local agency, a party, the subdivider,

the subdivider's agent, or the engineer or land surveyor who prepared

the map, on account of the omission of any signature, which omission

is authorized by this section.

(c) A notary acknowledgment shall be deemed complete for recording

without the official seal of the notary, so long as the name of the

notary, the county of the notary's principal place of business, and

the notary's commission expiration date are typed or printed below or

immediately adjacent to the notary's signature in the

acknowledgment.

 

 

66439. (a) Dedications of, or offers to dedicate interests in, real

property for specified public purposes shall be made by a statement

on the final map, signed and acknowledged by those parties having any

record title interest in the real property being subdivided, subject

to the provisions of Section 66436.

(b) In the event any street shown on a final map is not offered

for dedication, the statement may contain a declaration to this

effect. If the statement appears on the final map and if the map is

approved by the legislative body, the use of the street or streets by

the public shall be permissive only.

(c) An offer of dedication of real property for street or public

utility easement purposes shall be deemed not to include any public

utility facilities located on or under the real property unless, and

only to the extent that, an intent to dedicate the facilities is

expressly declared in the statement.

 

 

 

66440. The final map shall contain a certificate or statement for

execution by the clerk of each approving legislative body stating

that the body approved the map and accepted, accepted subject to

improvement, or rejected, on behalf of the public, any real property

offered for dedication for public use in conformity with the terms of

the offer of dedication.

 

 

 

66441. A statement by the engineer or surveyor responsible for the

survey and final map is required. His or her statement shall give

the date of the survey, state that the survey and final map were made

by him or her or under his or her direction, and that the survey is

true and complete as shown.

The statement shall also state that all the monuments are of the

character and occupy the positions indicated, or that they will be

set in those positions on or before a specified later date. The

statement shall also state that the monuments are, or will be,

sufficient to enable the survey to be retraced.

 

 

 

66442. (a) If a subdivision for which a final map is required lies

within an unincorporated area, a certificate or statement by the

county surveyor is required. If a subdivision lies within a city, a

certificate or statement by the city engineer or city surveyor is

required. The appropriate official shall sign, date, and, below or

immediately adjacent to the signature, indicate his or her

registration or license number with expiration date and state that:

(1) He or she has examined the map.

(2) The subdivision as shown is substantially the same as it

appeared on the tentative map, and any approved alterations thereof.

 

(3) All provisions of this chapter and of any local ordinances

applicable at the time of approval of the tentative map have been

complied with.

(4) He or she is satisfied that the map is technically correct.

(b) City or county engineers registered as civil engineers after

January 1, 1982, shall only be qualified to certify the statements of

paragraphs (1), (2), and (3) of subdivision (a). The statement

specified in paragraph (4) shall only be certified by a person

authorized to practice land surveying pursuant to the Professional

Land Surveyors' Act (Chapter 15 (commencing with Section 8700) of

Division 3 of the Business and Professions Code) or a person

registered as a civil engineer prior to January 1, 1982, pursuant to

the Professional Engineers' Act (Chapter 7 (commencing with Section

6700) of Division 3 of the Business and Professions Code). The

county surveyor, the city surveyor, or the city engineer, as the case

may be, or other public official or employee qualified and

authorized to perform the functions of one of those officials, shall

complete and file with his or her legislative body his or her

certificate or statement, as required by this section, within 20 days

from the time the final map is submitted to him or her by the

subdivider for approval.

 

 

 

66442.5. The following statements shall appear on a final map:

 

(a) Engineer's (surveyor's) statement:

 

This map was prepared by me or under my direction and is based

upon a field survey in conformance with the requirements of the

Subdivision Map Act and local ordinance at the request of (name of

person authorizing map) on (date). I hereby state that this final

map substantially conforms to the conditionally approved tentative

map.

 

 

(Signed) ____________________________

R.C.E. (or L.S.) No. ____________________________

 

(b) Recorder's certificate or statement.

 

Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____,

at page ____, at the request of ________.

 

 

Signed _________________________________

County Recorder

 

 

 

 

66443. In addition to the certificates, statements, and

acknowledgments required herein for final maps, the maps shall

contain other certificates and acknowledgments as are required by

local ordinance.

 

 

 

66444. The content and form of parcel maps shall be governed by the

provisions of this article.

 

 

 

66445. The parcel map shall be prepared by, or under the direction

of, a registered civil engineer or licensed land surveyor, shall show

the location of streets and property lines bounding the property,

and shall conform to all of the following provisions:

(a) It shall be legibly drawn, printed, or reproduced by a process

guaranteeing a permanent record in black on tracing cloth or

polyester base film. Certificates or statements, affidavits, and

acknowledgments may be legibly stamped or printed upon the map with

opaque ink. If ink is used on polyester base film, the ink surface

shall be coated with a suitable substance to assure permanent

legibility.

(b) The size of each sheet shall be 18 by 26 inches or 460 by 660

millimeters. A marginal line shall be drawn completely around each

sheet, leaving an entirely blank margin of one inch or 025

millimeters. The scale of the map shall be large enough to show all

details clearly and enough sheets shall be used to accomplish this

end. The particular number of the sheet and the total number of

sheets comprising the map shall be stated on each of the sheets, and

its relation to each adjoining sheet shall be clearly shown.

(c) Each parcel shall be numbered or lettered and each block may

be numbered or lettered. Each street shall be named or otherwise

designated. The subdivision number shall be shown together with the

description of the real property being subdivided.

(d) (1) The exterior boundary of the land included within the

subdivision shall be indicated by distinctive symbols and clearly so

designated.

(2) The map shall show the location of each parcel and its

relation to surrounding surveys. If the map includes a "designated

remainder" parcel or similar parcel, and the gross area of the

"designated remainder" parcel or similar parcel is five acres or

more, that remainder parcel need not be shown on the map and its

location need not be indicated as a matter of survey, but only by

deed reference to the existing boundaries of the remainder parcel.

(3) A parcel designated as "not a part" shall be deemed to be a

"designated remainder" for purposes of this section.

(e) Subject to the provisions of Section 66436, a statement,

signed and acknowledged by all parties having any record title

interest in the real property subdivided, consenting to the

preparation and recordation of the parcel map is required, except

that less inclusive requirements may be provided by local ordinance.

 

With respect to a division of land into four or fewer parcels,

where dedications or offers of dedications are not required, the

statement shall be signed and acknowledged by the subdivider only.

If the subdivider does not have a record title ownership interest in

the property to be divided, the local agency may require that the

subdivider provide the local agency with satisfactory evidence that

the persons with record title ownership have consented to the

proposed division. For purposes of this paragraph, "record title

ownership" means fee title of record unless a leasehold interest is

to be divided, in which case "record title ownership" means ownership

of record of the leasehold interest. Record title ownership does

not include ownership of mineral rights or other subsurface interests

that have been severed from ownership of the surface.

(f) Notwithstanding any other provision of this article, local

agencies may require that those statements and acknowledgments

required pursuant to subdivision (e) be made by separate instrument

to be recorded concurrently with the parcel map being filed for

record.

(g) On and after January 1, 1987, no additional survey and map

requirements shall be included on a parcel map that do not affect

record title interests. However, the map shall contain a notation of

reference to survey and map information required by a local

ordinance adopted pursuant to Section 66434.2.

(h) Whenever a certificate or acknowledgment is made by separate

instrument, there shall appear on the parcel map a reference to the

separately recorded document. This reference shall be completed by

the county recorder pursuant to Section 66468.1.

(i) If a field survey was performed, the parcel map shall contain

a statement by the engineer or surveyor responsible for the

preparation of the map that states that all monuments are of the

character and occupy the positions indicated, or that they will be

set in those positions on or before a specified date, and that the

monuments are, or will be, sufficient to enable the survey to be

retraced.

(j) Any public streets or public easements to be left in effect

after the subdivision shall be adequately delineated on the map. The

filing of the parcel map shall constitute abandonment of all public

streets and public easements not shown on the map, provided that a

written notation of each abandonment is listed by reference to the

recording data or other official record creating these public streets

or public easements and certified to on the map by the clerk of the

legislative body or the designee of the legislative body approving

the map. Before a public easement vested in another public entity

may be abandoned pursuant to this section, that public entity shall

receive notice of the proposed abandonment. No public easement

vested in another public entity shall be abandoned pursuant to this

section if that public entity objects to the proposed abandonment.

 

 

 

66447. If dedications or offers of dedication are required, they

may be made either by a statement on the parcel map or by separate

instrument, as provided by local ordinance. If dedications or offers

of dedication are made by separate instrument, the dedications or

offers of dedication shall be recorded concurrently with, or prior

to, the parcel map being filed for record.

The dedication or offers of dedication, whether by statement or

separate instrument, shall be signed by the same parties and in the

same manner as set forth in Section 66439 for dedications by a final

map.

 

 

 

66448. In all cases where a parcel map is required, such map shall

be based upon a field survey made in conformity with the Land

Surveyors Act when required by local ordinance, or, in absence of

such requirement, shall be based either upon a field survey made in

conformity with the Land Surveyors Act or be compiled from recorded

or filed data when sufficient survey information exists on filed maps

to locate and retrace the exterior boundary lines of the parcel map

if the location of at least one of these boundary lines can be

established from an existing monumented line.

 

 

 

66449. The following statements shall appear on a parcel map:

 

(a) Engineer's (surveyor's) statement:

 

This map was prepared by me or under my direction (and was

compiled from record data) (and is based upon a field survey) in

conformance with the requirements of the Subdivision Map Act and

local ordinance at the request of (name of person authorizing map) on

(date). I hereby state that this parcel map substantially conforms

to the approved or conditionally approved tentative map, if any.

 

 

(Signed) ____________________________

R.C.E. (or L.S.) No. ____________________________

 

(b) Recorder's certificate or statement.

 

Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____,

at page ____, at the request of ________.

 

 

Signed _________________________________

County Recorder

 

 

 

66450. (a) If a subdivision for which a parcel map is required lies

within an unincorporated area, a certificate or statement by the

county surveyor is required. If a subdivision lies within a city, a

certificate or statement by the city engineer or city surveyor is

required. The appropriate official shall sign, date, and, below or

immediately adjacent to the signature, indicate his or her

registration or license number with expiration date and the stamp of

his or her seal and state that:

(1) He or she examined the map.

(2) The subdivision as shown is substantially the same as it

appeared on the tentative map, if required, and any approved

alterations thereof.

(3) All provisions of this chapter and of any local ordinances

applicable at the time of approval of the tentative map, if required,

have been complied with.

(4) He or she is satisfied that the map is technically correct.

(b) City or county engineers registered as civil engineers after

January 1, 1982, shall only be qualified to certify the statements of

paragraphs (1), (2), and (3) of subdivision (a). The statement

specified in paragraph (4) of subdivision (a) shall only be certified

by a person authorized to practice land surveying pursuant to the

Professional Land Surveyors' Act (Chapter 15 (commencing with Section

8700) of Division 3 of the Business and Professions Code) or a

person registered as a civil engineer prior to January 1, 1982,

pursuant to the Professional Engineers' Act (Chapter 7 (commencing

with Section 6700) of Division 3 of the Business and Professions

Code).

(c) The county surveyor, city engineer, or city surveyor, as the

case may be, or other public official or employee qualified and

authorized to perform the functions of one of those officials, shall

complete his or her certificate or statement, as required by this

section, within 20 days from the time the parcel map is submitted to

him or her by the subdivider for approval. The completed parcel map

shall be delivered to the county recorder or, if required by local

ordinance, filed with the legislative body prior to delivery to the

county recorder, within the same 20-day period.

 

 

 

66451. The procedures set forth in this chapter shall govern the

processing, approval, conditional approval or disapproval and filing

of tentative, final and parcel maps and the modification thereof.

Local ordinances may modify such procedures to the extent authorized

by this chapter.

 

 

66451.1. (a) The time limits specified in this chapter for

reporting and acting on maps may be extended by mutual consent of the

subdivider and the advisory agency or legislative body required to

report or act. However, no advisory agency or legislative body, may

require a routine waiver of time limits as a condition of accepting

the application for, or processing of tentative, final, or parcel

maps, unless the routine waiver is obtained for the purpose of

permitting concurrent processing of related approvals or an

environmental review on the same development project.

(b) At the time that the subdivider makes an application pursuant

to this division, a local agency shall determine whether or not it is

able to meet the time limits specified in this chapter for reporting

and acting on maps. If the local agency determines that it will be

unable to meet such time limits, such agency shall, upon request of a

subdivider and for the purpose of meeting such time limits, contract

or employ a private entity or persons on a temporary basis to

perform such services as necessary to permit the agency to meet such

time limits. However, a local agency need not enter into such a

contract or employ such persons if it determines either that (1) no

such entities or persons are available or qualified to perform such

services or (2) the local agency would be able to perform services in

a more rapid fashion than would any available and qualified persons

or entities.

Such entities or persons employed by a local agency may, pursuant

to an agreement with the local agency, perform all functions

necessary to process tentative, final, and parcel maps and to comply

with other requirements imposed pursuant to this division or by local

ordinances adopted pursuant to this division, except those functions

reserved by this division or local ordinance to the legislative

body. A local agency may charge the subdivider fees in an amount

necessary to defray costs directly attributable to employing or

contracting with entities or persons performing services pursuant to

this section.

 

 

 

66451.2. The local agency may establish reasonable fees for the

processing of tentative, final and parcel maps and for other

procedures required or authorized by this division or local

ordinance, but the fees shall not exceed the amount reasonably

required by such agency to administer the provisions of this

division. The fees shall be imposed pursuant to the Mitigation Fee

Act, consisting of Chapter 5 (commencing with Section 66000), Chapter

6 (commencing with Section 66010), Chapter 7 (commencing with

Section 66012), Chapter 8 (commencing with Section 66016), and

Chapter 9 (commencing with Section 66020) of Division 1.

 

 

 

66451.3. (a) Unless otherwise provided by this division, notice of

a hearing held pursuant to this division shall be given pursuant to

Sections 65090 and 65091.

(b) If the proposed subdivision is a conversion of residential

real property to a condominium project, community apartment project,

or stock cooperative project, the notice shall also be given by the

local agency by United States mail to each tenant of the subject

property, and shall also include notification of the tenant's right

to appear and be heard. The requirements of this subdivision may be

satisfied by service of the notice in compliance with the

requirements for service of legal process by mail.

(c) Pursuant to Section 66451.2, fees may be collected from the

subdivider for expenses incurred under this section.

(d) Any interested person may appear at the hearing and shall be

heard.

 

 

66451.4. No advisory agency or legislative body shall disapprove an

application for a tentative, final, or parcel map in order to comply

with the time limits specified in this chapter unless there are

reasons for disapproval other than the failure to timely act in

accordance with the time limits specified in this chapter.

 

 

 

 

66451.6. No fee shall be charged by a local agency as a condition

to the approval of a tentative, final, or parcel map for a

subdivision, or a division of land which is not a subdivision, which

consists of the conversion of a mobilehome park to condominium or

stock cooperative ownership interests, except regulatory fees charged

for the issuance of a permit and those fees authorized by Section

66451.2.

 

 

 

66451.7. Applications for an exception from the Subdivision Map Act

pursuant to Section 66412, and applications for parcel map waivers

pursuant to Section 66428, shall be acted upon by a local agency

within 60 days of the application being deemed complete pursuant to

Section 65943.

 

 

66451.10. (a) Notwithstanding Section 66424, except as is otherwise

provided for in this article, two or more contiguous parcels or

units of land which have been created under the provisions of this

division, or any prior law regulating the division of land, or a

local ordinance enacted pursuant thereto, or which were not subject

to those provisions at the time of their creation, shall not be

deemed merged by virtue of the fact that the contiguous parcels or

units are held by the same owner, and no further proceeding under the

provisions of this division or a local ordinance enacted pursuant

thereto shall be required for the purpose of sale, lease, or

financing of the contiguous parcels or units, or any of them.

(b) This article shall provide the sole and exclusive authority

for local agency initiated merger of contiguous parcels. On and

after January 1, 1984, parcels may be merged by local agencies only

in accordance with the authority and procedures prescribed by this

article. This exclusive authority does not, however, abrogate or

limit the authority of a local agency or a subdivider with respect to

the following procedures within this division:

(1) Lot line adjustments.

(2) Amendment or correction of a final or parcel map.

(3) Reversions to acreage.

(4) Exclusions.

(5) Tentative, parcel, or final maps which create fewer parcels.

 

 

 

 

66451.11. A local agency may, by ordinance which conforms to and

implements the procedures prescribed by this article, provide for the

merger of a parcel or unit with a contiguous parcel or unit held by

the same owner if any one of the contiguous parcels or units held by

the same owner does not conform to standards for minimum parcel size,

under the zoning ordinance of the local agency applicable to the

parcels or units of land and if all of the following requirements are

satisfied:

(a) At least one of the affected parcels is undeveloped by any

structure for which a building permit was issued or for which a

building permit was not required at the time of construction, or is

developed only with an accessory structure or accessory structures,

or is developed with a single structure, other than an accessory

structure, that is also partially sited on a contiguous parcel or

unit.

(b) With respect to any affected parcel, one or more of the

following conditions exists:

(1) Comprises less than 5,000 square feet in area at the time of

the determination of merger.

(2) Was not created in compliance with applicable laws and

ordinances in effect at the time of its creation.

(3) Does not meet current standards for sewage disposal and

domestic water supply.

(4) Does not meet slope stability standards.

(5) Has no legal access which is adequate for vehicular and safety

equipment access and maneuverability.

(6) Its development would create health or safety hazards.

(7) Is inconsistent with the applicable general plan and any

applicable specific plan, other than minimum lot size or density

standards.

The ordinance may establish the standards specified in paragraphs

(3) to (7), inclusive, which shall be applicable to parcels to be

merged.

This subdivision shall not apply if one of the following

conditions exist:

(A) On or before July 1, 1981, one or more of the contiguous

parcels or units of land is enforceably restricted open-space land

pursuant to a contract, agreement, scenic restriction, or open-space

easement, as defined and set forth in Section 421 of the Revenue and

Taxation Code.

(B) On July 1, 1981, one or more of the contiguous parcels or

units of land is timberland as defined in subdivision (f) of Section

51104, or is land devoted to an agricultural use as defined in

subdivision (b) of Section 51201.

(C) On July 1, 1981, one or more of the contiguous parcels or

units of land is located within 2,000 feet of the site on which an

existing commercial mineral resource extraction use is being made,

whether or not the extraction is being made pursuant to a use permit

issued by the local agency.

(D) On July 1, 1981, one or more of the contiguous parcels or

units of land is located within 2,000 feet of a future commercial

mineral extraction site as shown on a plan for which a use permit or

other permit authorizing commercial mineral resource extraction has

been issued by the local agency.

(E) Within the coastal zone, as defined in Section 30103 of the

Public Resources Code, one or more of the contiguous parcels or units

of land has, prior to July 1, 1981, been identified or designated as

being of insufficient size to support residential development and

where the identification or designation has either (i) been included

in the land use plan portion of a local coastal program prepared and

adopted pursuant to the California Coastal Act of 1976 (Division 20

of the Public Resources Code), or (ii) prior to the adoption of a

land use plan, been made by formal action of the California Coastal

Commission pursuant to the provisions of the California Coastal Act

of 1976 in a coastal development permit decision or in an approved

land use plan work program or an approved issue identification on

which the preparation of a land use plan pursuant to the provisions

of the California Coastal Act is based.

For purposes of paragraphs (C) and (D) of this subdivision,

"mineral resource extraction" means gas, oil, hydrocarbon, gravel, or

sand extraction, geothermal wells, or other similar commercial

mining activity.

(c) The owner of the affected parcels has been notified of the

merger proposal pursuant to Section 66451.13, and is afforded the

opportunity for a hearing pursuant to Section 66451.14.

For purposes of this section, when determining whether contiguous

parcels are held by the same owner, ownership shall be determined as

of the date that notice of intention to determine status is recorded.

 

 

 

66451.12. A merger of parcels becomes effective when the local

agency causes to be filed for record with the recorder of the county

in which the real property is located, a notice of merger specifying

the names of the record owners and particularly describing the real

property.

 

 

 

66451.13. Prior to recording a notice of merger, the local agency

shall cause to be mailed by certified mail to the then current record

owner of the property a notice of intention to determine status,

notifying the owner that the affected parcels may be merged pursuant

to standards specified in the merger ordinance, and advising the

owner of the opportunity to request a hearing on determination of

status and to present evidence at the hearing that the property does

not meet the criteria for merger. The notice of intention to

determine status shall be filed for record with the recorder of the

county in which the real property is located on the date that notice

is mailed to the property owner.

 

 

 

66451.14. At any time within 30 days after recording of the notice

of intention to determine status, the owner of the affected property

may file with the local agency a request for a hearing on

determination of status.

 

 

66451.15. Upon receiving a request for a hearing on determination

of status from the owner of the affected property pursuant to Section

66451.14, the local agency shall fix a time, date, and place for a

hearing to be conducted by the legislative body or an advisory

agency, and shall notify the property owner of that time, date, and

place for the hearing by certified mail. The hearing shall be

conducted not more than 60 days following the local agency's receipt

of the property owner's request for the hearing, but may be postponed

or continued with the mutual consent of the local agency and the

property owner.

 

 

66451.16. At the hearing, the property owner shall be given the

opportunity to present any evidence that the affected property does

not meet the standards for merger specified in the merger ordinance.

 

At the conclusion of the hearing, the local agency shall make a

determination that the affected parcels are to be merged or are not

to be merged and shall so notify the owner of its determination. If

the merger ordinance so provides, a determination of nonmerger may be

made whether or not the affected property meets the standards for

merger specified in Section 66451.11. A determination of merger

shall be recorded within 30 days after conclusion of the hearing, as

provided for in Section 66451.12.

 

 

66451.17. If, within the 30-day period specified in Section

66451.14, the owner does not file a request for a hearing in

accordance with Section 66451.16, the local agency may, at any time

thereafter, make a determination that the affected parcels are to be

merged or are not to be merged. A determination of merger shall be

recorded as provided for in Section 66451.12 no later than 90 days

following the mailing of notice required by Section 66451.13.

 

 

 

66451.18. If, in accordance with Section 66451.16 or 66451.17, the

local agency determines that the subject property shall not be

merged, it shall cause to be recorded in the manner specified in

Section 66451.12 a release of the notice of intention to determine

status, recorded pursuant to Section 66451.13, and shall mail a

clearance letter to the then current owner of record.

 

 

 

66451.19. (a) Except as provided in Sections 66451.195, 66451.301,

and 66451.302, a city or county shall no later than January 1, 1986,

record a notice of merger for any parcel merged prior to January 1,

1984. After January 1, 1986, no parcel merged prior to January 1,

1984, shall be considered merged unless a notice of merger has been

recorded prior to January 1, 1986.

(b) Notwithstanding the provisions of Sections 66451.12 to

66451.18, inclusive, a city or county having a merger ordinance in

existence on January 1, 1984, may, until July 1, 1984, continue to

effect the merger of parcels pursuant to that ordinance, unless the

parcels would be deemed not to have merged pursuant to the criteria

specified in Section 66451.30. The local agency shall record a

notice of merger for any parcels merged pursuant to that ordinance.

(c) At least 30 days prior to recording a notice of merger

pursuant to subdivision (a) or (b), the local agency shall advise the

owner of the affected parcels, in writing, of the intention to

record the notice and specify a time, date, and place at which the

owner may present evidence to the legislative body or advisory agency

as to why the notice should not be recorded.

(d) The failure of a local agency to comply with the requirements

of this article for the merger of contiguous parcels or units of land

held in common ownership shall render void and ineffective any

resulting merger or recorded notice of merger and no further

proceedings under the provisions of this division or a local

ordinance enacted pursuant thereto shall be required for the purpose

of sale, lease, or financing of those contiguous parcels or units, or

any of them, until such time as the parcels or units of land have

been lawfully merged by subsequent proceedings initiated by the local

agency which meet the requirements of this article.

(e) The failure of a local agency to comply with the requirements

of any prior law establishing requirements for the merger of

contiguous parcels or units of land held in common ownership, shall

render voidable any resulting merger or recorded notice of merger.

From and after the date the local agency determines that its actions

did not comply with the prior law, or a court enters a judgment

declaring that the actions of the agency did not comply with the

prior law, no further proceedings under the provisions of this

division or a local ordinance enacted pursuant thereto shall be

required for the purpose of sale, lease, or financing of such

contiguous parcels or units, or any of them, until such time as the

parcels or units of land have been lawfully merged by subsequent

proceedings initiated by the local agency which meet the requirements

of this article.

 

 

 

66451.195. (a) Counties more than 20,000 square miles in size shall

have until January 1, 1990, to record a notice of merger for parcels

of 4,000 square feet or less prior to the time of merger, which were

merged prior to January 1, 1984, and for those parcels no parcel

merged prior to January 1, 1984, shall be considered merged unless

the notice of merger has been recorded prior to January 1, 1990.

Counties recording notices of merger pursuant to this subdivision

shall comply with the notice requirements of Section 66451.19.

(b) This section shall not be applicable to any parcels or units

which meet the criteria of subdivision (a) but which were

transferred, or for which the owner has applied for a building

permit, during the period between January 1, 1986, and the effective

date of this section.

 

 

 

66451.20. Prior to amending a merger ordinance which was in

existence on January 1, 1984, in order to bring it into compliance

with Section 66451.11, the legislative body of the local agency shall

adopt a resolution of intention and the clerk of the legislative

body shall cause notice of the adoption of the resolution to be

published in the manner prescribed by Section 6061. The publication

shall have been completed not less than 30 days prior to adoption of

the amended ordinance.

 

 

 

66451.21. Prior to the adoption of a merger ordinance in

conformance with Section 66451.11, by a city or county not having a

merger ordinance on January 1, 1984, the legislative body shall adopt

a resolution of intention to adopt a merger ordinance and fix a time

and place for a public hearing on the proposed ordinance, which

shall be conducted not less than 30 nor more than 60 days after

adoption of the resolution. The clerk of the legislative body shall

cause a notice of the hearing to be published in the manner

prescribed by Section 6061. Publication shall have been completed at

least seven days prior to the date of the hearing. The notice

shall:

(a) Contain the text of the resolution.

(b) State the time and place of the hearing.

(c) State that at the hearing all interested persons will be

heard.

 

 

 

66451.22. (a) The Legislature hereby finds and declares that:

(1) The agricultural area of Napa County has become extremely

important over the last 25 years as a premier winegrape growing

region of worldwide importance and should thereby be protected from

parcelization.

(2) The county has determined that because of the land's

extraordinary agricultural value as a winegrape production area and

the fact that the county's tourism industry entrusts its significant

economic interests to its agricultural and open-space lands, the

highest and best use for the agricultural land in the Napa Valley is

for agricultural production.

(3) The full potential build-out of parcels not previously

recognized in Napa County's agricultural preserve and watershed areas

could devastate the wine industry of California and Napa County.

(4) To adequately protect the value and productivity of the county'

s agricultural lands, Napa County needs relief from the Subdivision

Map Act's implied preemption of local ordinances that may require

merger of parcels that do not meet current zoning and design and

improvement standards as well as the provisions that recognize

parcels created prior to, or before, the current Subdivision Map Act.

 

(b) Notwithstanding any other provision of law, the County of Napa

may adopt ordinances to require, as a condition of the issuance of

any permit or the grant of any approval necessary to develop any real

property which includes in whole or in part an undeveloped

substandard parcel, that the undeveloped substandard parcel be merged

into any other parcel or parcels that are contiguous to it and were

held in common ownership on or after the effective date of this act,

whether or not the contiguous parcels are a part of the development

application, except as otherwise provided in subdivisions (d) and

(e).

(c) For purposes of this section, "undeveloped substandard parcel"

means a parcel or parcels that qualify as undeveloped pursuant to

subdivision (a) of Section 66451.11, are located in areas designated

as Agricultural Resource (AR) or Agricultural, Watershed, and Open

Space (AWOS) on the General Plan Map of Napa County and are

inconsistent with the parcel size established by the general plan and

any applicable specific plan.

(d) Any ordinance adopted by the County of Napa pursuant to

subdivision (b) shall exempt the following:

(1) Undeveloped substandard parcels for which a conditional or

unconditional certificate of compliance has been issued pursuant to

subdivision (a) or (b) of Section 66499.35, so long as the

application for the certificate of compliance, together with the

documentation required by the County of Napa on or before August 1,

1997, to commence the processing of an application, is filed on or

before the effective date of this act; provided that this exemption

shall not be applicable to conditional certificates of compliance,

whenever issued, if the parcels involved were created on or after

January 1, 1997, in a manner not in compliance with this division or

local ordinances enacted pursuant thereto.

(2) Substandard parcels created by the recordation of a final or

parcel map approved by the County of Napa on or after December 29,

1955.

(3) Substandard parcels lawfully created by the recordation of a

record of survey prior to February 27, 1969.

(4) Notwithstanding Section 1093 of the Civil Code, property that

in the most recently recorded deed, mortgage, patent, deed of trust,

contract of sale, or other instrument of conveyance or security

document, described by means of a consolidated legal description,

whether or not such legal description is comprised of one or more

previously existing legal descriptions, provided the owner of same

prior to filing an application for development records a document

merging any underlying parcel lines that may exist.

(e) Notwithstanding the provisions of subdivision (b), the Board

of Supervisors of the County of Napa shall not require merger or

condition or deny the issuance of any permit or the grant of any

approval necessary to develop any real property in a manner that

would constitute a taking of the landowner's property in violation of

the United States and California Constitutions.

(f) Nothing contained in this section shall be construed as

affecting the right of the County of Napa, pursuant to the provisions

of Article 1.5 (commencing with Section 66451.10) and Article 1.7

(commencing with Section 66451.30), to merge any parcels of land in

the unincorporated area of that county, including, but not limited

to, any parcels eligible for the exemption as described in

subdivision (d) of Section 66451.22.

 

 

 

66451.23. Prior to adopting any ordinance authorized by Section

66451.22, the legislative body of the County of Napa shall conduct at

least one public meeting at which local officials shall allow public

testimony regarding the proposed ordinance in addition to the

noticed public hearing at which the legislative body proposes to

enact the ordinance.

 

 

66451.30. Any parcels or units of land for which a notice of merger

had not been recorded on or before January 1, 1984, shall be deemed

not to have merged if on January 1, 1984:

(a) The parcel meets each of the following criteria:

(1) Comprises at least 5,000 square feet in area.

(2) Was created in compliance with applicable laws and ordinances

in effect at the time of its creation.

(3) Meets current standards for sewage disposal and domestic water

supply.

(4) Meets slope density standards.

(5) Has legal access which is adequate for vehicular and safety

equipment access and maneuverability.

(6) Development of the parcel would create no health or safety

hazards.

(7) The parcel would be consistent with the applicable general

plan and any applicable specific plan, other than minimum lot size or

density standards.

(b) And, with respect to such parcel, none of the following

conditions exist:

(1) On or before July 1, 1981, one or more of the contiguous

parcels or units of land is enforceably restricted open-space land

pursuant to a contract, agreement, scenic restriction, or open-space

easement, as defined and set forth in Section 421 of the Revenue and

Taxation Code.

(2) On July 1, 1981, one or more of the contiguous parcels or

units of land is timberland as defined in subdivision (f) of Section

51104, or is land devoted to an agricultural use as defined in

subdivision (b) of Section 51201.

(3) On July 1, 1981, one or more of the contiguous parcels or

units of land is located within 2,000 feet of the site on which an

existing commercial mineral resource extraction use is being made,

whether or not the extraction is being made pursuant to a use permit

issued by the local agency.

(4) On July 1, 1981, one or more of the contiguous parcels or

units of land is located within 2,000 feet of a future commercial

mineral extraction site as shown on a plan for which a use permit or

other permit authorizing commercial mineral resource extraction has

been issued by the local agency.

(5) Within the coastal zone, as defined in Section 30103 of the

Public Resources Code, one or more of the contiguous parcels or units

of land has, prior to July 1, 1981, been identified or designated as

being of insufficient size to support residential development and

where the identification or designation has either (A) been included

in the land use plan portion of a local coastal program prepared and

adopted pursuant to the California Coastal Act of 1976 (Division 20

of the Public Resources Code), or (B) prior to the adoption of a land

use plan, been made by formal action of the California Coastal

Commission pursuant to the provisions of the California Coastal Act

of 1976 in a coastal development permit decision or in an approved

land use plan work program or an approved issue identification on

which the preparation of a land use plan pursuant to the provisions

of the California Coastal Act is based.

For purposes of paragraphs (3) and (4), "mineral resource

extraction" means gas, oil, hydrocarbon, gravel, or sand extraction,

geothermal wells, or other similar commercial mining activity.

Each city or county, as applicable, may establish the standards

specified in paragraphs (3) to (7), inclusive, of subdivision (a),

which shall be applicable to parcels deemed not to have merged

pursuant to this section.

 

 

 

66451.301. If any parcels or units of land merged under a valid

local merger ordinance which was in effect prior to January 1, 1984,

but for which a notice of merger had not been recorded before January

1, 1988, and one or more of the merged parcels or units of land is

within one of the categories specified in paragraphs (1) to (5),

inclusive, of subdivision (b) of Section 66451.30, the parcels or

units of land shall be deemed not to have merged unless all of the

following conditions exist:

(a) The parcels or units are contiguous and held by the same

owner.

(b) One or more of the contiguous parcels or units do not conform

to minimum parcel size under the applicable general plan, specific

plan, or zoning ordinance.

(c) At least one of the affected parcels is undeveloped by any

structure for which a building permit was issued or for which a

building permit was not required at the time of construction, or is

developed only with an accessory structure or accessory structures,

or is developed with a single structure, other than an accessory

structure, that is also partially sited on a contiguous parcel or

unit.

(d) The parcels or units which do not conform to minimum parcel

size were not created by a recorded parcel or final map.

If all the conditions described in subdivisions (a), (b), (c), and

(d) above exist, only a parcel or unit of land which does not

conform to minimum parcel size shall remain merged with a contiguous

parcel.

 

 

 

66451.302. (a) By January 1, 1987, a city or county or city and

county which has within its boundaries, parcels or units of land

which are or may be subject to the provisions of Section 66451.301,

shall send a notice to all owners of real property affected by

Section 66451.301 in substantially the following form:

"The city or county sending you this notice has identified one or

more parcels of land which you own as potentially subject to a new

state law regarding the merger of substandard parcels which are

located in one or more of the following categories:

(1) On or before July 1, 1981, one or more of the contiguous

parcels or units of land is enforceably restricted open-space land

pursuant to a contract, agreement, scenic restriction, or open-space

easement, as defined and set forth in Section 421 of the Revenue and

Taxation Code.

(2) On July 1, 1981, one or more of the contiguous parcels or

units of land is timberland as defined in subdivision (f) of Section

51104, is in a timberland production zone as defined in subdivision

(g) of Section 51104, or is land devoted to an agricultural use as

defined in subdivision (b) of Section 51201.

(3) On July 1, 1981, one or more of the contiguous parcels or

units of land is located within 2,000 feet of the site on which an

existing commercial mineral resource extraction use is being made,

whether or not the extraction is being made, whether or not the

extraction is being made pursuant to a use permit issued by the local

agency.

(4) On July 1, 1981, one or more of the contiguous parcels or

units of land is located within 2,000 feet of a future commercial

mineral extraction site as shown on a plan for which a use permit or

other permit authorizing commercial mineral resource extraction has

been issued by the local agency.

(5) (In coastal counties only) Within the coastal zone, as

defined in Section 30103 of the Public Resources Code, one or more of

the contiguous parcels or units of land has, prior to July 1, 1981,

been identified or designated as being of insufficient size to

support residential development and where the identification or

designation has either (i) been included in the land use plan portion

of a local coastal program prepared and adopted pursuant to the

California Coastal Act of 1976 (Division 20 of the Public Resources

Code), or (ii) prior to the adoption of a land use plan, been made by

formal action of the California Coastal Commission pursuant to the

provisions of the California Coastal Act of 1976 in a coastal

development permit decision or in an approved land use plan work

program or an approved issue identification on which the preparation

of a land use plan pursuant to the provisions of the California

Coastal Act is based."

"The new state law contained in Section 66451.301 of the

Government Code, generally provides for parcels or units of land

located in one or more of the above-described areas which were merged

prior to January 1, 1984, and for which the local agency did not

record a notice of merger by January 1, 1988, the parcels are deemed

unmerged on January 1, 1988, unless all of the following conditions

exist:

(a) The parcels or units are contiguous and held by the same

owner.

(b) One or more of the contiguous parcels or units do not conform

to minimum parcel size under the applicable general plan, specific

plan, or zoning ordinance.

(c) At least one of the affected parcels is undeveloped by any

structure for which a building permit was issued or for which a

building permit was not required at the time of construction, or is

developed only with an accessory structure or necessary structures,

or is developed with a single structure, other than an accessory

structure, that is also partially sited on a contiguous parcel or

unit.

(d) The parcels or units which do not conform to minimum parcel

size were not created by a recorded parcel or final map.

In order to determine whether this new law applies to your

property, you should immediately contact the ____ Department of (City

or County) to assist you in determining the application of the new

law."

"WARNING. Your failure to act may result in the loss of valuable

legal rights regarding the property."

 

 

 

66451.31. Upon application made by the owner and payment of any

fees authorized by Section 66451.33, the local agency shall make a

determination that the affected parcels have merged or, if meeting

the criteria of Section 66451.30, are deemed not to have merged.

 

 

 

 

66451.32. (a) Upon a determination that the parcels meet the

standards specified in Section 66451.30, the local agency shall issue

to the owner and record with the county recorder a notice of the

status of the parcels which shall identify each parcel and declare

that the parcels are unmerged pursuant to this article.

(b) Upon a determination that the parcels have merged and do not

meet the criteria specified in Section 66451.30, the local agency

shall issue to the owner and record with the county recorder, a

notice of merger as provided in Section 66451.12.

 

 

 

 

66451.33. A city or county may impose a fee not to exceed those

permitted by Chapter 13 (commencing with Section 54990) of Part 1,

payable by the owner, for those costs incurred with respect to a

parcel for which application for a determination that the parcels

meet the criteria of Section 66451.30 is made.

 

 

66452. (a) A tentative map shall be filed with the clerk of the

advisory agency or, if there is no advisory agency, with the clerk of

the legislative body, or with any other officer or employee of the

local agency as may be designated by local ordinance.

(b) A vesting tentative map shall be filed and processed in the

same manner as a tentative map except as otherwise provided by this

division or by a local ordinance adopted pursuant to this division.

(c) At the time a vesting tentative map is filed it shall have

printed conspicuously on its face the words "Vesting Tentative Map."

 

 

 

66452.1. (a) If the advisory agency is not authorized by local

ordinance to approve, conditionally approve or disapprove the

tentative map, it shall make its written report on the tentative map

to the legislative body within 50 days after the filing thereof with

its clerk.

(b) If the advisory agency is authorized by local ordinance to

approve, conditionally approve, or disapprove the tentative map, it

shall take that action within 50 days after the filing thereof with

its clerk and report its action to the subdivider.

(c) The local agency shall comply with the time periods referred

to in Section 21151.5 of the Public Resources Code. The time periods

specified in subdivisions (a) and (b) shall commence after

certification of the environmental impact report, adoption of a

negative declaration, or a determination by the local agency that the

project is exempt from the requirements of Division 13 (commencing

with Section 21000) of the Public Resources Code.

 

 

 

66452.2. (a) If there is an advisory agency which is not authorized

by local ordinance to approve, conditionally approve or disapprove

the tentative map, at the next regular meeting of the legislative

body following the filing of the advisory agency's report with it,

the legislative body shall fix the meeting date at which the

tentative map will be considered by it, which date shall be within 30

days thereafter and the legislative body shall approve,

conditionally approve, or disapprove the tentative map within that

30-day period.

(b) If there is no advisory agency, the clerk of the legislative

body shall submit the tentative map to the legislative body at its

next regular meeting which shall approve, conditionally approve or

disapprove that map within 50 days thereafter.

(c) The local agency shall comply with the time periods referred

to in Section 21151.5 of the Public Resources Code. The time periods

specified in subdivisions (a) and (b) shall commence after

certification of the environmental impact report, adoption of a

negative declaration, or a determination by the local agency that the

project is exempt from the requirements of Division 13 (commencing

with Section 21000) of the Public Resources Code.

 

 

 

66452.3. Any report or recommendation on a tentative map by the

staff of the local agency to the advisory agency or legislative body

shall be in writing and a copy thereof served on the subdivider and

on each tenant of the subject property, in the case of a proposed

conversion of residential real property to a condominium project,

community apartment project, or stock cooperative project, at least

three days prior to any hearing or action on such map by such

advisory agency or legislative body. Pursuant to Section 66451.2,

fees may be collected from the subdivider for expenses incurred under

this section.

 

 

66452.4. (a) If no action is taken upon a tentative map by an

advisory agency that is authorized by local ordinance to approve,

conditionally approve, or disapprove the tentative map or by the

legislative body within the time limits specified in this chapter or

any authorized extension thereof, the tentative map as filed, shall

be deemed to be approved, insofar as it complies with other

applicable requirements of this division and any local ordinances,

and it shall be the duty of the clerk of the legislative body to

certify or state his or her approval.

(b) Once a tentative map is deemed approved pursuant to

subdivision (a), a subdivider shall be entitled, upon request of the

local agency or the legislative body, to receive a written

certification of approval.

 

 

 

66452.5. (a) The subdivider, or any tenant of the subject property,

in the case of a proposed conversion of residential real property to

a condominium project, community apartment project, or stock

cooperative project, may appeal from any action of the advisory

agency with respect to a tentative map to the appeal board

established by local ordinance or, if none, to the legislative body.

 

The appeal shall be filed with the clerk of the appeal board, or

if there is none, with the clerk of the legislative body within 10

days after the action of the advisory agency from which the appeal is

being taken.

Upon the filing of an appeal, the appeal board or legislative body

shall set the matter for hearing. The hearing shall be held within

30 days after the date of filing the appeal. Within 10 days

following the conclusion of the hearing, the appeal board or

legislative body shall render its decision on the appeal.

(b) The subdivider, any tenant of the subject property, in the

case of a conversion of residential real property to a condominium

project, community apartment project, or stock cooperative project,

or the advisory agency may appeal from the action of the appeal board

to the legislative body. The appeal shall be filed in writing with

the clerk of the legislative body within 10 days after the action of

the appeal board from which the appeal is being taken.

After the filing of an appeal, the legislative body shall set the

matter for hearing. The hearing shall be held within 30 days after

the date of a request therefor filed by the subdivider or the

appellant. Within 10 days following the conclusion of the hearing,

the legislative body shall render its decision on the appeal. The

decision shall comply with the provisions of Sections 66473, 66473.5,

and 66474, and shall include any findings required by those

sections.

(c) If there is an appeal board and it fails to act upon an appeal

within the time limit specified in this chapter, the decision from

which the appeal was taken shall be deemed affirmed and an appeal

therefrom may thereupon be taken to the legislative body as provided

in subdivision (b) of this section. If no further appeal is taken,

the tentative map, insofar as it complies with applicable

requirements of this division and local ordinance, shall be deemed

approved or conditionally approved as last approved or conditionally

approved by the advisory agency, and it shall be the duty of the

clerk of the legislative body to certify or state that approval, or

if the advisory agency is one which is not authorized by local

ordinance to approve, conditionally approve, or disapprove the

tentative map, the advisory agency shall submit its report to the

legislative body as if no appeal had been taken.

If the legislative body fails to act upon an appeal within the

time limit specified in this chapter, the tentative map, insofar as

it complies with applicable requirements of this division and local

ordinance, shall be deemed to be approved or conditionally approved

as last approved or conditionally approved, and it shall be the duty

of the clerk of the legislative body to certify or state that

approval.

(d) Any interested person adversely affected by a decision of the

advisory agency or appeal board may file an appeal with the governing

body concerning any decision of the advisory agency or appeal board.

The appeal shall be filed with the clerk of the governing body

within 10 days after the action of the advisory agency or appeal

board which is the subject of the appeal. Upon the filing of the

appeal, the governing body shall set the matter for hearing. The

hearing shall be held within 30 days after the filing of the appeal.

The hearing may be a public hearing for which notice shall be given

in the time and manner provided.

Upon conclusion of the hearing, the governing body shall, within

10 days, declare its findings based upon the testimony and documents

produced before it or before the advisory board or the appeal board.

It may sustain, modify, reject, or overrule any recommendations or

rulings of the advisory board or the appeal board and may make any

findings which are not inconsistent with the provisions of this

chapter or local ordinance adopted pursuant to this chapter.

(e) Notice of each hearing provided for in this section shall be

sent by United States mail to each tenant of the subject property, in

the case of a conversion of residential real property to a

condominium project, community apartment project, or stock

cooperative project, at least three days prior to the hearing. The

notice requirement of this subdivision shall be deemed satisfied if

the notice complies with the legal requirements for service by mail.

Pursuant to Section 66451.2, fees may be collected from the

subdivider or from persons appealing or filing an appeal for expenses

incurred under this section.

 

 

 

66452.6. (a) (1) An approved or conditionally approved tentative

map shall expire 24 months after its approval or conditional

approval, or after any additional period of time as may be prescribed

by local ordinance, not to exceed an additional 12 months. However,

if the subdivider is required to expend one hundred seventy-eight

thousand dollars ($178,000) or more to construct, improve, or finance

the construction or improvement of public improvements outside the

property boundaries of the tentative map, excluding improvements of

public rights-of-way which abut the boundary of the property to be

subdivided and which are reasonably related to the development of

that property, each filing of a final map authorized by Section

66456.1 shall extend the expiration of the approved or conditionally

approved tentative map by 36 months from the date of its expiration,

as provided in this section, or the date of the previously filed

final map, whichever is later. The extensions shall not extend the

tentative map more than 10 years from its approval or conditional

approval. However, a tentative map on property subject to a

development agreement authorized by Article 2.5 (commencing with

Section 65864) of Chapter 4 of Division 1 may be extended for the

period of time provided for in the agreement, but not beyond the

duration of the agreement. The number of phased final maps that may

be filed shall be determined by the advisory agency at the time of

the approval or conditional approval of the tentative map.

(2) Commencing January 1, 2005, and each calendar year thereafter,

the amount of one hundred seventy-eight thousand dollars ($178,000)

shall be annually increased by operation of law according to the

adjustment for inflation set forth in the statewide cost index for

class B construction, as determined by the State Allocation Board at

its January meeting. The effective date of each annual adjustment

shall be March 1. The adjusted amount shall apply to tentative and

vesting tentative maps whose applications were received after the

effective date of the adjustment.

(3) "Public improvements," as used in this subdivision, include

traffic controls, streets, roads, highways, freeways, bridges,

overcrossings, street interchanges, flood control or storm drain

facilities, sewer facilities, water facilities, and lighting

facilities.

(b) (1) The period of time specified in subdivision (a), including

any extension thereof granted pursuant to subdivision (e), shall not

include any period of time during which a development moratorium,

imposed after approval of the tentative map, is in existence.

However, the length of the moratorium shall not exceed five years.

(2) The length of time specified in paragraph (1) shall be

extended for up to three years, but in no event beyond January 1,

1992, during the pendency of any lawsuit in which the subdivider

asserts, and the local agency which approved or conditionally

approved the tentative map denies, the existence or application of a

development moratorium to the tentative map.

(3) Once a development moratorium is terminated, the map shall be

valid for the same period of time as was left to run on the map at

the time that the moratorium was imposed. However, if the remaining

time is less than 120 days, the map shall be valid for 120 days

following the termination of the moratorium.

(c) The period of time specified in subdivision (a), including any

extension thereof granted pursuant to subdivision (e), shall not

include the period of time during which a lawsuit involving the

approval or conditional approval of the tentative map is or was

pending in a court of competent jurisdiction, if the stay of the time

period is approved by the local agency pursuant to this section.

After service of the initial petition or complaint in the lawsuit

upon the local agency, the subdivider may apply to the local agency

for a stay pursuant to the local agency's adopted procedures. Within

40 days after receiving the application, the local agency shall

either stay the time period for up to five years or deny the

requested stay. The local agency may, by ordinance, establish

procedures for reviewing the requests, including, but not limited to,

notice and hearing requirements, appeal procedures, and other

administrative requirements.

(d) The expiration of the approved or conditionally approved

tentative map shall terminate all proceedings and no final map or

parcel map of all or any portion of the real property included within

the tentative map shall be filed with the legislative body without

first processing a new tentative map. Once a timely filing is made,

subsequent actions of the local agency, including, but not limited

to, processing, approving, and recording, may lawfully occur after

the date of expiration of the tentative map. Delivery to the county

surveyor or city engineer shall be deemed a timely filing for

purposes of this section.

(e) Upon application of the subdivider filed prior to the

expiration of the approved or conditionally approved tentative map,

the time at which the map expires pursuant to subdivision (a) may be

extended by the legislative body or by an advisory agency authorized

to approve or conditionally approve tentative maps for a period or

periods not exceeding a total of five years. The period of extension

specified in this subdivision shall be in addition to the period of

time provided by subdivision (a). Prior to the expiration of an

approved or conditionally approved tentative map, upon an application

by the subdivider to extend that map, the map shall automatically be

extended for 60 days or until the application for the extension is

approved, conditionally approved, or denied, whichever occurs first.

If the advisory agency denies a subdivider's application for an

extension, the subdivider may appeal to the legislative body within

15 days after the advisory agency has denied the extension.

(f) For purposes of this section, a development moratorium

includes a water or sewer moratorium, or a water and sewer

moratorium, as well as other actions of public agencies which

regulate land use, development, or the provision of services to the

land, including the public agency with the authority to approve or

conditionally approve the tentative map, which thereafter prevents,

prohibits, or delays the approval of a final or parcel map. A

development moratorium shall also be deemed to exist for purposes of

this section for any period of time during which a condition imposed

by the city or county could not be satisfied because of either of the

following:

(1) The condition was one that, by its nature, necessitated action

by the city or county, and the city or county either did not take

the necessary action or by its own action or inaction was prevented

or delayed in taking the necessary action prior to expiration of the

tentative map.

(2) The condition necessitates acquisition of real property or any

interest in real property from a public agency, other than the city

or county that approved or conditionally approved the tentative map,

and that other public agency fails or refuses to convey the property

interest necessary to satisfy the condition. However, nothing in

this subdivision shall be construed to require any public agency to

convey any interest in real property owned by it. A development

moratorium specified in this paragraph shall be deemed to have been

imposed either on the date of approval or conditional approval of the

tentative map, if evidence was included in the public record that

the public agency which owns or controls the real property or any

interest therein may refuse to convey that property or interest, or

on the date that the public agency which owns or controls the real

property or any interest therein receives an offer by the subdivider

to purchase that property or interest for fair market value,

whichever is later. A development moratorium specified in this

paragraph shall extend the tentative map up to the maximum period as

set forth in subdivision (b), but not later than January 1, 1992, so

long as the public agency which owns or controls the real property or

any interest therein fails or refuses to convey the necessary

property interest, regardless of the reason for the failure or

refusal, except that the development moratorium shall be deemed to

terminate 60 days after the public agency has officially made, and

communicated to the subdivider, a written offer or commitment binding

on the agency to convey the necessary property interest for a fair

market value, paid in a reasonable time and manner.

 

 

 

66452.8. (a) Commencing at a date not less than 60 days prior to

the filing of a tentative map pursuant to Section 66452, the

subdivider or his or her agent shall give notice of such filing, in

the form outlined in subdivision (b), to each person applying after

such date for rental of a unit of the subject property immediately

prior to the acceptance of any rent or deposit from the prospective

tenant by the subdivider.

(b) The notice shall be as follows:

 

 

"To the prospective occupant(s) of

_________________________________________________________:

(address)

 

The owner(s) of this building, at (address), has filed or plans to

file a tentative map with the (city, county, or city and county) to

convert this building to a (condominium, community apartment, or

stock cooperative project). No units may be sold in this building

unless the conversion is approved by the (city, county, or city and

county) and until after a public report is issued by the Department

of Real Estate. If you become a tenant of this building, you shall

be given notice of each hearing for which notice is required pursuant

to Sections 66451.3 and 66452.5 of the Government Code, and you have

the right to appear and the right to be heard at any such hearing.

 

 

 

 

_______________________________________

(signature of owner or owner's agent)

 

 

_______________________________________

(dated)

I have received this notice on

______________________________________.

(date)

 

_______________________________________

(prospective tenant's signature) "

 

(c) Failure by a subdivider or his or her agent to give the notice

required in subdivision (a) shall not be grounds to deny the

conversion. However, if the subdivider or his or her agent fails to

give notice pursuant to this section, he or she shall pay to each

prospective tenant who becomes a tenant and who was entitled to such

notice, and who does not purchase his or her unit pursuant to

subdivision (d) of Section 66427.1, an amount equal to the sum of the

following:

(1) Actual moving expenses incurred when moving from the subject

property, but not to exceed five hundred dollars ($500).

(2) The first month's rent on the tenant's new rental unit, if

any, immediately after moving from the subject property, but not to

exceed five hundred dollars ($500).

The requirements of this subdivision constitute a minimum state

standard. However, nothing in this subdivision shall be construed to

prohibit any city, county, or city and county from requiring, by

ordinance or charter provision, a subdivider to compensate any

tenant, whose tenancy is terminated as the result of a condominium,

community apartment project, or stock cooperative conversion, in

amounts or by services which exceed those set forth in paragraphs (1)

and (2) of this subdivision. In the case of such a requirement by

any city, county, or city and county, a subdivider who meets the

compensation requirements of the local ordinance or charter provision

shall be deemed to satisfy the requirements of this subdivision.

 

 

 

 

66452.9. (a) Pursuant to the provisions of subdivision (a) of

Section 66427.1, the subdivider shall give notice 60 days prior to

the filing of a tentative map pursuant to Section 66452 in the form

outlined in subdivision (b), to each tenant of the subject property.

 

(b) The notice shall be as follows:

 

 

"To the occupant(s) of

______________________________________________________________:

(address)

 

The owner(s) of this building, at (address), plans to file a

tentative map with the (city, county, or city and county) to convert

this building to a (condominium, community apartment, or stock

cooperative project). You shall be given notice of each hearing for

which notice is required pursuant to Sections 66451.3 and 66452.5 of

the Government Code, and you have the right to appear and the right

to be heard at any such hearing.

 

 

___________________________________________

(signature of owner or owner's agent)

___________________________________________

(date) "

 

The written notices to tenants required by this section shall be

deemed satisfied if such notices comply with the legal requirements

for service by mail.

 

 

 

66452.10. A stock cooperative, as defined in Section 11003.2 of the

Business and Professions Code, or a community apartment project, as

defined in Section 11004 of the Business and Professions Code, shall

not be converted to a condominium, as defined in Section 783 of the

Civil Code, unless the required number of (1) owners and (2) trustees

or beneficiaries of each recorded deed of trust and mortgagees of

each recorded mortgage in the cooperative or project, as specified in

the bylaws, or other organizational documents, have voted in favor

of the conversion. If the bylaws or other organizational documents

do not expressly specify the number of votes required to approve the

conversion, a majority vote of the (1) owners and (2) trustees or

beneficiaries of each recorded deed of trust and mortgagees of each

recorded mortgage in the cooperative or project shall be required.

Upon approval of the conversion as set forth above and in compliance

with subdivision (e) of Section 1351 of the Civil Code, all

conveyances and other documents necessary to effectuate the

conversion shall be executed by the required number of owners in the

cooperative or project as specified in the bylaws or other

organizational documents. If the bylaws or other organizational

documents do not expressly specify the number of owners necessary to

execute the conveyances or other documents, a majority of owners in

the cooperative or project shall be required to execute the

conveyances and other documents. Conveyances and other documents

executed under the foregoing provisions shall be binding upon and

affect the interests of all parties in the cooperative or project.

The provisions of Section 66499.31 shall not apply to a violation of

this section.

 

 

66452.11. (a) The expiration date of any tentative subdivision map

or parcel map for which a tentative map has been approved that has

not expired on the date that the act that adds this section becomes

effective shall be extended by 24 months.

(b) The extension provided by subdivision (a) shall be in addition

to any extension of the expiration date provided for in Section

66452.6 or 66463.5.

(c) Any legislative, administrative, or other approval by any

agency of the State of California that pertains to a development

project included in a map that is extended pursuant to subdivision

(a) shall be extended by 24 months if this approval has not expired

on the date that the act that adds this section becomes effective.

 

 

 

 

66452.12. (a) Any permit issued by a local agency in conjunction

with a tentative subdivision map for a planned unit development shall

expire pursuant to Section 65863.9.

(b) Conditions or requirements for the issuance of a building

permit or equivalent permit may be imposed pursuant to Section 65961.

 

 

 

66452.13. (a) The expiration date of any tentative or vesting

tentative subdivision map or parcel map for which a tentative map or

vesting tentative map has been approved, that has not expired on or

before the date the act that adds this section becomes effective

shall be extended by 12 months.

(b) The extension provided by subdivision (a) shall be in addition

to any extension of the expiration date provided for in Section

66452.11, 66452.6, or 66463.5.

(c) Any legislative, administrative, or other approval by any

state agency that pertains to a development project included in a map

that is extended pursuant to subdivision (a) shall be extended by 12

months if this approval has not expired on the date that the act

that adds this section becomes effective. This extension shall be in

addition to any extension provided for in Section 66452.11.

 

 

 

66453. (a) A local agency may make recommendations concerning

proposed subdivisions in any adjoining city, or in any adjoining

unincorporated territory for any proposed subdivision within the

planning area of the requesting local agency. A local agency wishing

to make recommendations concerning proposed subdivisions shall file

with the local agency having jurisdiction over the subdivisions a map

indicating the territory for which it wishes to make

recommendations. The local agency having jurisdiction shall issue a

receipt for the territorial map.

(b) Within five days of a tentative map application being

determined to be complete pursuant to Section 65943 for a proposed

subdivision located, in whole or in part, within the territory

outlined on the territorial map, the local agency shall transmit one

copy of the proposed tentative map to the requesting local agency.

(c) Within 15 days of receiving a copy of a proposed subdivision

map, the requesting local agency may submit recommendations to the

local agency having jurisdiction. The local agency having

jurisdiction shall consider these recommendations before acting on

the tentative map.

 

 

 

66454. Any subdivider may file with a city the tentative map of a

proposed subdivision of unincorporated territory adjacent to such

city. The map, in the discretion of the city, may be acted upon in

the manner provided in Article 2 (commencing with Section 66452) of

this chapter, except that if it is approved, such approval shall be

conditioned upon annexation of the property to such city within such

period of time as shall be specified by the city, and such approval

shall not be effective until annexation of such property to the city

has been completed. If annexation is not completed within the time

specified or any extension thereof, then the approval of such map by

such adjacent city shall be null and void. No subdivision of

unincorporated territory may be effected by approval of a map by a

city unless annexation thereof to the city is completed prior to the

approval of the final map thereof.

 

 

 

66455. (a) The Department of Transportation may file with the

legislative body of any local agency having jurisdiction, a map or an

amended map of any territory within one mile on either or both sides

of any state highway routing if the department believes the

subdivision would have an effect upon an existing or a future state

highway in that territory, the route of which has been adopted by the

California Transportation Commission. The local agency having

jurisdiction shall issue a receipt for the territorial map.

(b) Within five days of a tentative map application being

determined to be complete pursuant to Section 65943 for a proposed

subdivision located, in whole or in part, within the territory

outlined on the territorial map, the local agency shall transmit one

copy of the proposed tentative map to the district office of the

department in which the proposed subdivision is located.

(c) Within 15 days after receiving a copy of the proposed

subdivision map, the department may make recommendations to the local

agency regarding the effect of the proposed subdivision upon the

highway or highway route. The local agency shall consider these

recommendations before acting on the tentative map.

 

 

 

66455.1. (a) The Department of Water Resources may file with the

legislative body of any local agency having jurisdiction, a map or

amended map of any territory within one mile on either or both sides

of any facility of the State Water Resources Development System, if

the department believes a proposed subdivision may have an effect

upon any existing or planned future facility of the State Water

Resources Development System in that territory. The local agency

having jurisdiction shall issue a receipt for the territorial map.

(b) Within five days of a tentative map application being

determined to be complete pursuant to Section 65943 for a proposed

subdivision located, in whole or in part, within the territory

outlined on the territorial map, the local agency shall transmit one

copy of the proposed tentative map to the office of the department

nearest the subdivision, unless the department specifies a different

office on the territorial map filed with the local agency.

(c) Within 15 days after receiving a copy of a proposed

subdivision map, the department may make recommendations to the local

agency regarding the effect of the proposed subdivision upon the

State Water Resources Development System or proposed additions to the

system. The local agency having jurisdiction shall consider any

recommendations before acting on the tentative map.

 

 

 

 

66455.3. Not later than five days after a city or county has

determined that a tentative map application for a proposed

subdivision, as defined in Section 66473.7, is complete pursuant to

Section 65943, the local agency shall send a copy of the application

to any water supplier that is, or may become, a public water system,

as defined in Section 10912 of the Water Code, that may supply water

for the subdivision.

 

 

 

66455.7. (a) Within five days of a tentative map application being

determined to be complete pursuant to Section 65943, the local agency

shall send a notice of this determination to the governing board of

any elementary school, high school, or unified school district within

the boundaries of which the subdivision is proposed to be located.

The notice shall identify information about the location of the

proposed subdivision, the number of units, density, and any other

information which would be relevant to the affected school district.

 

(b) Within 15 days after receiving the notice, the school district

may make recommendations to the local agency regarding the effect of

the proposed subdivision upon the school district. If the school

district fails to respond within 15 days, the failure to respond

shall be deemed approval of the proposed subdivision. The local

agency having jurisdiction shall consider any recommendations before

acting on the tentative subdivision map.

 

 

 

66455.9. Whenever there is consideration of an area within a

development for a public schoolsite, the advisory agency shall give

the affected districts and the State Department of Education written

notice of the proposed site. The written notice shall include the

identification of any existing or proposed runways within the

distance specified in Section 17215 of the Education Code. If the

site is within the distance of an existing or proposed airport runway

as described in Section 17215 of the Education Code, the department

shall notify the State Department of Transportation as required by

the section and the site shall be investigated by the State

Department of Transportation required by Section 17215.

 

 

 

66456. After the approval or conditional approval of the tentative

map and prior to the expiration of such map, the subdivider may cause

the real property included within the map, or any part thereof, to

be surveyed and a final map thereof prepared in accordance with the

approved or conditionally approved tentative map.

 

 

 

 

66456.1. Multiple final maps relating to an approved or

conditionally approved tentative map may be filed prior to the

expiration of the tentative map if: (a) the subdivider, at the time

the tentative map is filed, informs the advisory agency of the local

agency of the subdivider's intention to file multiple final maps on

such tentative map, or (b) after filing of the tentative map, the

local agency and the subdivider concur in the filing of multiple

final maps. In providing such notice, the subdivider shall not be

required to define the number or configuration of the proposed

multiple final maps. The filing of a final map on a portion of an

approved or conditionally approved tentative map shall not invalidate

any part of such tentative map. The right of the subdivider to file

multiple final maps shall not limit the authority of the local

agency to impose reasonable conditions relating to the filing of

multiple final maps.

 

 

66456.2. (a) An improvement plan being processed in conjunction

with either an approved tentative, parcel, or final map shall be

prepared by a registered civil engineer and acted on within 60

working days of its submittal, except that at least 15 working days

shall be provided for processing any resubmitted improvement plan.

The 60 working day period shall not include any days during which the

improvement plan has been returned to the applicant for correction,

has been subject to review by other than the local agency or,

following that review, has been returned to the applicant for

correction.

(b) The time limits specified in this section for acting on

improvement plans may be extended by mutual consent of the subdivider

and the advisory agency or legislative body required to act.

However, no advisory agency or legislative body may require a routine

waiver of time limits as a condition of accepting the improvement

plan. A routine waiver may be obtained for the purpose of permitting

concurrent processing of other requirements related to the

improvement plan or map.

(c) If, at the time of submittal or resubmittal, the local agency

or designee determines it is unable to meet the time limits of this

section, the local agency or designee shall, upon request of the

subdivider and for purposes of meeting the time limits, contract or

employ a private entity or persons on a temporary basis to perform

services necessary to permit the agency or designee to meet the time

limits. However, a local agency or designee need not enter into a

contract or employ those persons if it determines either of the

following:

(1) No entities or persons are available or qualified to perform

the services.

(2) The local agency or designee would be able to perform services

in a more rapid fashion by modifying its own work schedule than

would any available and qualified persons or entities.

A local agency may charge the subdivider fees in an amount

necessary to defray costs directly attributable to employing or

contracting with entities or persons performing services pursuant to

this section.

(d) "Improvement plan" means the plan for public improvement as

described in Sections 66418 and 66419.

 

 

66457. (a) A final map or parcel map conforming to the approved or

conditionally approved tentative map, if any, may be filed with the

legislative body for approval after all required certificates or

statements on the map have been signed and, where necessary,

acknowledged.

(b) If the subdivision lies entirely within the territory of a

city, the map shall be filed with the city. If the subdivision lies

entirely within unincorporated territory, the map shall be filed with

the county. If the subdivision lies partially within two or more

territories, the map shall be filed with each, and each shall act

thereon as provided in this chapter.

 

 

 

66458. (a) The legislative body shall, at the meeting at which it

receives the map or, at its next regular meeting after the meeting at

which it receives the map, approve the map if it conforms to all the

requirements of this chapter and any local subdivision ordinance

applicable at the time of approval or conditional approval of the

tentative map and any rulings made thereunder. If the map does not

conform, the legislative body shall disapprove the map.

(b) If the legislative body does not approve or disapprove the map

within the prescribed time, or any authorized extension thereof, and

the map conforms to all requirements and rulings, it shall be deemed

approved, and the clerk of the legislative body shall certify or

state its approval thereon.

(c) The meeting at which the legislative body receives the map

shall be the date on which the clerk of the legislative body receives

the map.

(d) The legislative body may provide, by ordinance, for the

approval or disapproval of final maps by the city or county engineer,

surveyor, or other designated official. The legislative body may

also provide, by ordinance, that the official may accept, accept

subject to improvement, or reject dedications and offers of

dedications that are made by a statement on the map. Any ordinance

adopted pursuant to this subdivision shall provide that (1) the

designated official shall notify the legislative body at its next

regular meeting after the official receives the map that the official

is reviewing the map for final approval, (2) the designated official

shall approve or disapprove the final map within 10 days following

the meeting of the legislative body that was preceded by the notice

in (4) below, (3) the designated official's action may be appealed to

the legislative body, (4) the clerk of the legislative body shall

provide notice of any pending approval or disapproval by a designated

official, which notice shall be attached and posted with the

legislative body's regular agenda and shall be mailed to interested

parties who request notice, and (5) the legislative body shall

periodically review the delegation of authority to the designated

official. Except as specifically authorized by this subdivision, the

processing of final maps shall conform to all procedural

requirements of this division.

 

 

 

66459. (a) If a final map has been approved for a condominium

project, community apartment project, or stock cooperative project,

and the subdivider or subsequent owner of the project, on or after

January 1, 1993, rents a dwelling in that project, he or she shall,

prior to offering the separate interest for sale to the general

public, deliver the following notice, printed in at least 14-point

bold print, prior to the execution of the rental agreement:

TO THE PROSPECTIVE TENANTS OF

 

 

______________________________________

(address)

 

THE UNIT YOU MAY RENT HAS BEEN APPROVED FOR SALE TO THE PUBLIC AS

A CONDOMINIUM PROJECT, COMMUNITY APARTMENT PROJECT, OR STOCK

COOPERATIVE PROJECT (WHICHEVER APPLIES). THE RENTAL UNIT MAY BE SOLD

TO THE PUBLIC, AND, IF IT IS OFFERED FOR SALE, YOUR LEASE MAY BE

TERMINATED. YOU WILL BE NOTIFIED AT LEAST 90 DAYS PRIOR TO ANY

OFFERING TO SELL. IF YOU STILL LAWFULLY RESIDE IN THE UNIT, YOU WILL

BE GIVEN A RIGHT OF FIRST REFUSAL TO PURCHASE THE UNIT.

 

 

_______________________________________

(signature of owner or owner's agent)

_______________________________________

(dated)

 

(b) The condominium project, community apartment project, or stock

cooperative project shall not be referred to in a lease or rental

agreement as an "apartment" or "apartments" on or after the date of

the approval by the local agency of the final map for the condominium

project, community apartment project, or stock cooperative project

in which the final map was approved on or after January 1, 1993.

(c) Any tenant of a condominium project, community apartment

project, or stock cooperative project pursuant to this section shall

be given at least 90 days' written notice of the intention to sell

the rental unit to the general public. This subdivision shall not

alter or abridge the rights or obligations of the parties in

performance of their covenants, including, but not limited to, the

provision of services, payment of rent, or other obligations imposed

by Sections 1941, 1941.1, and 1941.2 of the Civil Code.

(d) Any tenant who lawfully resides in a condominium project,

community apartment project, or stock cooperative project pursuant to

this section shall be given a right of first refusal by the

subdivider or subsequent owner of the project for the purchase of his

or her rental unit upon the same terms and conditions that the unit

will be initially offered to the general public or terms and

conditions more favorable to the tenant. This right to purchase

shall run for a period of 90 days from the date of the notice, unless

the tenant gives written notice within the 90-day period of his or

her intention not to exercise that right.

(e) Failure to comply with this section shall not invalidate the

transfer of title to real property.

(f) This section shall not apply to any of the following:

(1) An owner of four dwelling units or less.

(2) Transfers pursuant to court order, including, but not limited

to, transfers ordered by a probate court in the administration of an

estate, transfers by any foreclosure sale after default, transfers by

any foreclosure sale after default in an obligation secured by a

mortgage, or transfers by a sale under a power of sale after a

default in an obligation secured by a deed of trust or secured by any

other instrument containing a power of sale, and any subsequent

transfer by a mortgagor or beneficiary of a deed of trust who accepts

a deed in lieu of foreclosure or purchases the property at a

foreclosure sale.

(3) Transfers by a fiduciary in the course of the administration

of a decedent's estate, guardianship, conservatorship, or trust. For

purposes of this paragraph, a "fiduciary" means a state- or

federally-chartered bank, trust company, savings association, savings

bank, credit union, or industrial loan company.

 

 

 

66462. (a) If, at the time of approval of the final map by the

legislative body, any public improvements required by the local

agency pursuant to this division or local ordinance have not been

completed and accepted in accordance with standards established by

the local agency by ordinance applicable at the time of the approval

or conditional approval of the tentative map, the legislative body,

as a condition precedent to the approval of the final map, shall

require the subdivider to enter into one of the following agreements

specified by the local agency:

(1) An agreement with the local agency upon mutually agreeable

terms to thereafter complete the improvements at the subdivider's

expense.

(2) An agreement with the local agency to thereafter do either of

the following:

(A) Initiate and consummate proceedings under an appropriate

special assessment act or the Mello-Roos Community Facilities Act of

1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of

Division 2 of Title 5 for the financing and completion of all of the

improvements.

(B) If the improvements are not completed under a special

assessment act or the Mello-Roos Community Facilities Act of 1982,

Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2

of Title 5, to complete the improvements at the subdivider's expense.

 

(b) The standards may be adopted by reference, without posting or

publishing them, if they have been printed in book or booklet form

and three copies of the books or booklets have been filed for use and

examination by the public in the office of the clerk of the

legislative body.

(c) The local agency entering into any agreement pursuant to this

section shall require that performance of the agreement be guaranteed

by the security specified in Chapter 5 (commencing with Section

66499).

(d) The legislative body may provide, by ordinance, that the

agreement entered into pursuant to this section may be entered into

by a designated official, in accordance with standards adopted by the

local agency. The designated official's action may be appealed to

the legislative body for conformance with this chapter and any

applicable local subdivision ordinance. Any ordinance adopted

pursuant to this subdivision shall provide that the legislative body

shall periodically review this delegation of authority to the

designated official.

 

 

66462.5. (a) A city, county, or city and county shall not postpone

or refuse approval of a final map because the subdivider has failed

to meet a tentative map condition which requires the subdivider to

construct or install offsite improvements on land in which neither

the subdivider nor the local agency has sufficient title or interest,

including an easement or license, at the time the final map is filed

with the local agency, to permit the improvements to be made. In

such cases, unless the city, county, or city and county requires the

subdivider to enter into an agreement pursuant to subdivision (c),

the city, county or city and county shall, within 120 days of the

filing of the final map, pursuant to Section 66457, acquire by

negotiation or commence proceedings pursuant to Title 7 (commencing

with Section 1230.010) of Part 3 of the Code of Civil Procedure to

acquire an interest in the land which will permit the improvements to

be made, including proceedings for immediate possession of the

property under Article 3 (commencing with Section 1255.410) of

Chapter 6 of that title.

(b) If a city, county, or city and county has not required the

subdivider to enter into an agreement pursuant to subdivision (c) and

if a city, county, or city and county fails to meet the 120-day time

limitation, the condition for construction of offsite improvements

shall be conclusively deemed to be waived. The waiver shall occur

whether or not the city, county, or city and county has postponed or

refused approval of the final map pursuant to subdivision (a).

(c) Prior to approval of the final map the city, county, or city

and county may require the subdivider to enter into an agreement to

complete the improvements pursuant to Section 66462 at such time as

the city, county, or city and county acquires an interest in the land

that will permit the improvements to be made.

(d) Nothing in this section precludes a city, county, or city and

county from requiring a subdivider to pay the cost of acquiring

offsite real property interests required in connection with a

subdivision.

(e) "Offsite improvements," as used in this section, does not

include improvements that are necessary to assure replacement or

construction of housing for persons and families of low or moderate

income, as defined in Section 50093 of the Health and Safety Code.

 

 

 

66463. (a) Except as otherwise provided for in this code, the

procedure for processing, approval, conditional approval, or

disapproval and filing of parcel maps and modifications thereof shall

be as provided by local ordinance. The provisions of Sections

66477.1, 66477.2, and 66477.3 relating to dedications and offers of

dedication on final maps, shall apply to dedications and offers of

dedications on parcel maps.

(b) Whenever a local agency provides, by ordinance, for the

approval, conditional approval, or disapproval of parcel maps by the

county engineer, surveyor, or other designated official, the local

agency may also, by ordinance, provide that the officer may accept or

reject dedications and offers of dedication that are made by a

statement on the map.

(c) Whenever a local agency provides, by ordinance, for the

approval of parcel maps by the legislative body, the parcel maps

shall be filed pursuant to the procedure for final maps as prescribed

by Sections 66457 and 66458.

(d) The time limits for action or approval of a tentative map and

parcel map for which a tentative map is not required shall be no

longer than the time limits contained in Sections 66452.1 and

66452.2.

 

 

 

66463.1. Multiple parcel maps filed pursuant to Section 66426

relating to an approved or conditionally approved tentative map may

be filed prior to the expiration of the tentative map if either

condition is satisfied:

(a) The subdivider, at the time the tentative map is filed,

provides a written notice to the advisory agency or the local agency

of the subdivider's intention to file multiple parcel maps on the

tentative map.

(b) After filing of the tentative map, the local agency and the

subdivider concur in the filing of multiple parcel maps.

In providing the notice specified in subdivision (a), the

subdivider shall not be required to define the number or

configuration of the proposed multiple parcel maps. The filing of a

parcel map on a portion of an approved or conditionally approved

tentative map shall not invalidate any part of the tentative map.

The right of the subdivider to file multiple parcel maps shall not

limit the authority of the local agency to impose reasonable

conditions relating to the filing of multiple parcel maps.

 

 

 

66463.5. (a) When a tentative map is required, an approved or

conditionally approved tentative map shall expire 24 months after its

approval or conditional approval, or after any additional period of

time as may be prescribed by local ordinance, not to exceed an

additional 12 months.

(b) The expiration of the approved or conditionally approved

tentative map shall terminate all proceedings and no parcel map of

all or any portion of the real property included within the tentative

map shall be filed without first processing a new tentative map.

Once a timely filing is made, subsequent actions of the local agency,

including, but not limited to, processing, approving, and recording,

may lawfully occur after the date of expiration of the tentative

map. Delivery to the county surveyor or city engineer shall be

deemed a timely filing for purposes of this section.

(c) Upon application of the subdivider filed prior to the

expiration of the approved or conditionally approved tentative map,

the time at which the map expires may be extended by the legislative

body or by an advisory agency authorized to approve or conditionally

approve tentative maps for a period or periods not exceeding a total

of five years. Prior to the expiration of an approved or

conditionally approved tentative map, upon the application by the

subdivider to extend that map, the map shall automatically be

extended for 60 days or until the application for the extension is

approved, conditionally approved, or denied, whichever occurs first.

If the advisory agency denies a subdivider's application for an

extension, the subdivider may appeal to the legislative body within

15 days after the advisory agency has denied the extension.

(d) (1) The period of time specified in subdivision (a) shall not

include any period of time during which a development moratorium,

imposed after approval of the tentative map, is in existence.

However, the length of the moratorium shall not exceed five years.

(2) Once a moratorium is terminated, the map shall be valid for

the same period of time as was left to run on the map at the time

that the moratorium was imposed. However, if the remaining time is

less than 120 days, the map shall be valid for 120 days following the

termination of the moratorium.

(e) The period of time specified in subdivision (a), including any

extension thereof granted pursuant to subdivision (c), shall not

include the period of time during which a lawsuit involving the

approval or conditional approval of the tentative map is, or was,

pending in a court of competent jurisdiction, if the stay of the time

period is approved by the local agency pursuant to this section.

After service of the initial petition or complaint in the lawsuit

upon the local agency, the subdivider may apply to the local agency

for a stay pursuant to the local agency's adopted procedures. Within

40 days after receiving the application, the local agency shall

either stay the time period for up to five years or deny the

requested stay. The local agency may, by ordinance, establish

procedures for reviewing the requests, including, but not limited to,

notice and hearing requirements, appeal procedures, and other

administrative requirements.

(f) For purposes of this section, a development moratorium shall

include a water or sewer moratorium or a water and sewer moratorium,

as well as other actions of public agencies that regulate land use,

development, or the provision of services to the land, including the

public agency with the authority to approve or conditionally approve

the tentative map, which thereafter prevents, prohibits, or delays

the approval of a parcel map.

(g) Notwithstanding subdivisions (a), (b), and (c), for the

purposes of Chapter 4.5 (commencing with Section 66498.1),

subdivisions (b), (c), and (d) of Section 66498.5 shall apply to

vesting tentative maps prepared in connection with a parcel map

except that, for purposes of this section, the time periods specified

in subdivisions (b), (c), and (d) of Section 66498.5 shall be

determined from the recordation of the parcel map instead of the

final map.

 

 

 

66464. (a) Unless otherwise provided by the county, if the final

map or parcel map is not subject to Section 66493, after the approval

by the city of a final map of a subdivision or a parcel map, the

city clerk shall transmit the map to the county recorder.

(b) If a final map or parcel map is subject to Section 66493,

after all certificates or statements and security required under

Section 66493 have been filed and deposited with the clerk of the

board of supervisors and approved by the county, the clerk of the

board of supervisors shall certify or state that the certificates and

statements have been filed and deposits have been made and shall

transmit the final map or parcel map to the county recorder.

(c) After the approval by the county of a final or parcel map of a

subdivision within unincorporated territory, the map shall be

transmitted ultimately to the county recorder.

 

 

 

66465. The subdivider shall present to the county recorder evidence

that, at the time of the filing of the final or parcel map in the

office of the county recorder, the parties consenting to such filing

are all of the parties having a record title interest in the real

property being subdivided whose signatures are required by this

division, as shown by the records in the office of the recorder,

otherwise the map shall not be filed.

For purposes of this section and Sections 66436, 66439, and 66447,

a public entity which has obtained a prejudgment order for

possession of property pursuant to Section 1255.410 of the Code of

Civil Procedure shall be deemed to be the record title owner of the

property or property interests described in the order, provided the

order for possession has not been stayed or vacated pursuant to

Section 1255.420, 1255.430, or 1255.440 of the Code of Civil

Procedure, no motion therefor is pending before the court, and the

time prescribed by Section 1255.420 of the Code of Civil Procedure

for filing a motion for relief from the order has passed.

 

 

 

66466. (a) The county recorder shall have not more than 10 days

within which to examine a final or parcel map and either accept or

reject it for filing.

(b) If the county recorder rejects a final or parcel map for

filing, the county recorder shall, within 10 days thereafter, mail

notice to the subdivider and the city engineer if the map is within a

city, or the county surveyor if the map is within the unincorporated

area, that the map has been rejected for filing, giving the reasons

therefor, and that the map is being returned to the city clerk if the

map is within a city, or to the clerk of the board if the map is

within the unincorporated area, for action by the legislative body.

Upon receipt of the map, the clerk shall place the map on the agenda

of the next regular meeting of the legislative body and the

legislative body shall, within 15 days thereafter, rescind its

approval of the map and return the map to the subdivider unless the

subdivider presents evidence that the basis for the rejection by the

county recorder has been removed. The subdivider may consent to a

continuance of the matter; however, the prior approval of the

legislative body shall be deemed rescinded during any period of

continuance. If a map is returned to the county recorder, the county

recorder shall have a new 10-day period to examine the map and

either accept or reject it for filing.

(c) If the county recorder accepts the map for filing, the

acceptance shall be certified on the face thereof. The map shall be

securely fastened in a book of subdivision maps, in a book of parcel

maps, or in a book of cities and towns which shall be kept for that

purpose, or in any other manner as will assure that the maps will be

kept together. The map shall become a part of the official records

of the county recorder upon its acceptance by the county recorder for

filing. If the preparer of the map provides a postage-paid,

self-addressed envelope or postcard with the filing of the map, the

county recorder shall provide the preparer of the map with the filing

data within 10 days of the filing of the map. For the purposes of

this subdivision, "filing data" includes the date, book or volume,

and the page at which the map is filed by the county recorder.

(d) The fee for filing and indexing the map is as prescribed in

Section 27372 of the Government Code.

(e) The original map shall be stored for safekeeping in a

reproducible condition. The county recorder may maintain for public

reference a set of counter maps that are prints of the original maps

and produce the original maps for comparison upon demand.

(f) Upon the filing of any map, including amended maps and

certificates of correction for recordation pursuant to this section

or any record of survey pursuant to the Professional Land Surveyors'

Act (Chapter 15 (commencing with Section 8700) of Division 3 of the

Business and Professions Code), the surveyor or engineer who prepared

the document shall transmit a copy of the document, including all

recording information, to the county surveyor, who shall maintain an

index, by geographic location, of the documents. The county surveyor

may charge a fee not to exceed the fee charged for recording the

document, for purposes of financing the costs of maintaining the

index of the documents.

The requirements of this subdivision shall not apply to any county

that requires a document filed pursuant to this section to be

transmitted to the county surveyor and requires that official to

maintain an index of those documents.

 

 

 

66467. This chapter shall not prevent filing in the office of the

county recorder of a final or parcel map of a subdivision for which a

final or parcel map is not required, provided such map meets the

requirements of this division and any local ordinance.

 

 

 

66468. The filing for record of a final or parcel map by the county

recorder shall automatically and finally determine the validity of

such map and when recorded shall impart cconstructive notice thereof.

 

 

 

66468.1. Whenever separate documents are to be recorded

concurrently with the final or parcel map pursuant to Section 66435.1

or 66445, the county recorder shall complete the cross-reference to

such concurrently recorded separate documents.

 

 

 

 

66468.2. The board of supervisors may, by resolution, authorize any

county officer to:

(a) Perform the duties required of the clerk of the board of

supervisors under this article.

(b) Approve the security for payment of taxes required pursuant to

subdivision (b) of Section 66464 if that county officer also

performs the other duties required of the clerk of the board of

supervisors under that subdivision.

 

 

66469. After a final map or parcel map is filed in the office of

the county recorder, it may be amended by a certificate of correction

or an amending map for any of the following purposes:

(a) To correct an error in any course or distance shown thereon.

(b) To show any course or distance that was omitted therefrom.

(c) To correct an error in the description of the real property

shown on the map.

(d) To indicate monuments set after the death, disability,

retirement from practice, or replacement of the engineer or surveyor

charged with responsibilities for setting monuments.

(e) To show the proper location or character of any monument which

has been changed in location or character originally was shown at

the wrong location or incorrectly as to its character.

(f) To correct any additional information filed or recorded

pursuant to Section 66434.2, if the correction does not impose any

additional burden on the present fee owners of the real property and

does not alter any right, title, or interest in the real property

reflected on the recorded map.

(g) To correct any other type of map error or omission as approved

by the county surveyor or city engineer that does not affect any

property right, including, but not limited to, lot numbers, acreage,

street names, and identification of adjacent record maps.

As used in this section, "error" does not include changes in

courses or distances from which an error is not ascertainable from

the data shown on the final or parcel map.

 

 

 

66470. The amending map or certificate of correction shall be

prepared and signed by a registered civil engineer or licensed land

surveyor. An amending map shall conform to the requirements of

Section 66434, if a final map, or subdivisions (a) to (d), inclusive,

and (f) to (i), inclusive, of Section 66445, if a parcel map. The

amending map or certificate of correction shall set forth in detail

the corrections made and show the names of the fee owners of the real

property affected by the correction or omission on the date of the

filing or recording of the original recorded map. Upon recordation

of a certificate of correction, the county recorder shall within 60

days of recording transmit a certified copy to the county surveyor or

county engineer who shall maintain an index of recorded certificates

of correction.

The county recorder may charge a fee, in addition to the fee

charged for recording the certificate of correction, which shall be

transmitted to the county surveyor or the county engineer, as

compensation for the cost of maintaining an index of recorded

certificates of correction. The amount of this additional fee shall

not exceed the fee which is charged for recording the certificate of

correction.

If the property affected by a map is located within a city, the

county recorder shall, upon request of the city engineer, provide

copies of recorded certificates of correction to the city engineer.

 

 

 

66471. (a) If the subdivision is in unincorporated territory, the

county surveyor shall examine the amending map or certificate of

correction and if the only changes made are those set forth in

Section 66469, he or she shall certify to this fact on the amending

map or certificate of correction. If the subdivision is in the city,

such examination and certification shall be by the city surveyor or

city engineer.

(b) As to a certificate of correction, the county surveyor, city

surveyor, or city engineer shall have 20 working days in which to

examine the certificate of correction for compliance with Sections

66469 and 66470, endorse a statement on it of his or her examination

and certification, and present it to the county recorder for

recordation. In the event the submitted certificate of correction

fails to comply with Sections 66469 and 66470, the county surveyor,

city surveyor, or city engineer shall return it within the same 20

working days to the person who presented it, together with a written

statement of the changes necessary to make it conform to the

requirements of Sections 66469 and 66470. The licensed land surveyor

or registered civil engineer submitting the certificate of

correction may then make the changes in compliance with Sections

66469 and 66470 and resubmit the certificate of correction to the

county surveyor, city surveyor, or city engineer for approval. The

county surveyor, city surveyor, or city engineer shall have 10

working days after resubmission and approval of the certificate of

correction to present it to the county recorder for recordation.

 

 

 

 

66472. The amending map or certificate of correction certified by

the county surveyor, city surveyor, or city engineer shall be filed

or recorded in the office of the county recorder in which the

original map was filed. Upon that filing or recordation, the county

recorder shall index the names of the fee owners of the real property

reflected on the original recorded map, and the appropriate tract

designation shown on the amending map or certificate of correction in

the general index and map index respectively. Thereupon, the

original map shall be deemed to have been conclusively so corrected,

and thereafter shall impart constructive notice of all those

corrections in the same manner as though set forth upon the original

map.

 

 

 

66472.1. In addition to the amendments authorized by Section 66469,

after a final map or parcel map is filed in the office of the county

recorder, the recorded final map may be modified by a certificate of

correction or an amending map, if authorized by local ordinance, if

the local agency finds that there are changes in circumstances that

make any or all of the conditions of the map no longer appropriate or

necessary and that the modifications do not impose any additional

burden on the fee owners of the real property, and if the

modifications do not alter any right, title, or interest in the real

property reflected on the recorded map, and the local agency finds

that the map as modified conforms to Section 66474. Any modification

shall be set for public hearing as provided for in Section 66451.3

of this division. The legislative body shall confine the hearing to

consideration of and action on the proposed modification.

 

 

 

66473. A local agency shall disapprove a map for failure to meet or

perform any of the requirements or conditions imposed by this

division or local ordinance enacted pursuant thereto; provided that a

final map shall be disapproved only for failure to meet or perform

requirements or conditions which were applicable to the subdivision

at the time of approval of the tentative map; and provided further

that such disapproval shall be accompanied by a finding identifying

the requirements or conditions which have not been met or performed.

Such local ordinance shall include, but need not be limited to, a

procedure for waiver of the provisions of this section when the

failure of the map is the result of a technical and inadvertent error

which, in the determination of the local agency, does not materially

affect the validity of the map.

 

 

 

66473.1. (a) The design of a subdivision for which a tentative map

is required pursuant to Section 66426 shall provide, to the extent

feasible, for future passive or natural heating or cooling

opportunities in the subdivision.

(b) (1) Examples of passive or natural heating opportunities in

subdivision design, include design of lot size and configuration to

permit orientation of a structure in an east-west alignment for

southern exposure.

(2) Examples of passive or natural cooling opportunities in

subdivision design include design of lot size and configuration to

permit orientation of a structure to take advantage of shade or

prevailing breezes.

(c) In providing for future passive or natural heating or cooling

opportunities in the design of a subdivision, consideration shall be

given to local climate, to contour, to configuration of the parcel to

be divided, and to other design and improvement requirements, and

that provision shall not result in reducing allowable densities or

the percentage of a lot that may be occupied by a building or

structure under applicable planning and zoning in effect at the time

the tentative map is filed.

(d) The requirements of this section do not apply to condominium

projects which consist of the subdivision of airspace in an existing

building when no new structures are added.

(e) For the purposes of this section, "feasible" means capable of

being accomplished in a successful manner within a reasonable period

of time, taking into account economic, environmental, social and

technological factors.

 

 

66473.3. The legislative body of a city or county may, by

ordinance, require the design of a subdivision for which a tentative

map or parcel map is required pursuant to Section 66426 to provide

for appropriate cable television systems and for communication

systems, including, but not limited to, telephone and Internet

services, to each parcel in the subdivision.

"Appropriate cable television systems," as used in this section,

means those franchised or licensed to serve the geographical area in

which the subdivision is located.

This section shall not apply to the conversion of existing

dwelling units to condominiums, community apartments, or stock

cooperatives.

 

 

 

66473.5. No local agency shall approve a tentative map, or a parcel

map for which a tentative map was not required, unless the

legislative body finds that the proposed subdivision, together with

the provisions for its design and improvement, is consistent with the

general plan required by Article 5 (commencing with Section 65300)

of Chapter 3 of Division 1, or any specific plan adopted pursuant to

Article 8 (commencing with Section 65450) of Chapter 3 of Division 1.

 

A proposed subdivision shall be consistent with a general plan or

a specific plan only if the local agency has officially adopted such

a plan and the proposed subdivision or land use is compatible with

the objectives, policies, general land uses, and programs specified

in such a plan.

 

 

 

66473.6. Whenever a city or county imposes as a condition to its

approval of a tentative map or a parcel map a requirement that

necessitates replacing, undergrounding, or permanently or temporarily

relocating existing facilities of a telephone corporation or cable

television system, the developer or subdivider shall reimburse the

telephone corporation or cable television system for all costs for

the replacement, undergrounding, or relocation. All these costs

shall be billed after they are incurred, and shall include a credit

for any required advance payments and for the salvage value of any

facilities replaced. In no event shall the telephone corporation or

cable television system be reimbursed for costs incurred in excess of

the cost to replace the facilities with substantially similar

facilities.

 

 

 

66473.7. (a) For the purposes of this section, the following

definitions apply:

(1) "Subdivision" means a proposed residential development of more

than 500 dwelling units, except that for a public water system that

has fewer than 5,000 service connections, "subdivision" means any

proposed residential development that would account for an increase

of 10 percent or more in the number of the public water system's

existing service connections.

(2) "Sufficient water supply" means the total water supplies

available during normal, single-dry, and multiple-dry years within a

20-year projection that will meet the projected demand associated

with the proposed subdivision, in addition to existing and planned

future uses, including, but not limited to, agricultural and

industrial uses. In determining "sufficient water supply," all of

the following factors shall be considered:

(A) The availability of water supplies over a historical record of

at least 20 years.

(B) The applicability of an urban water shortage contingency

analysis prepared pursuant to Section 10632 of the Water Code that

includes actions to be undertaken by the public water system in

response to water supply shortages.

(C) The reduction in water supply allocated to a specific water

use sector pursuant to a resolution or ordinance adopted, or a

contract entered into, by the public water system, as long as that

resolution, ordinance, or contract does not conflict with Section 354

of the Water Code.

(D) The amount of water that the water supplier can reasonably

rely on receiving from other water supply projects, such as

conjunctive use, reclaimed water, water conservation, and water

transfer, including programs identified under federal, state, and

local water initiatives such as CALFED and Colorado River tentative

agreements, to the extent that these water supplies meet the criteria

of subdivision (d).

(3) "Public water system" means the water supplier that is, or may

become as a result of servicing the subdivision included in a

tentative map pursuant to subdivision (b), a public water system, as

defined in Section 10912 of the Water Code, that may supply water for

a subdivision.

(b) (1) The legislative body of a city or county or the advisory

agency, to the extent that it is authorized by local ordinance to

approve, conditionally approve, or disapprove the tentative map,

shall include as a condition in any tentative map that includes a

subdivision a requirement that a sufficient water supply shall be

available. Proof of the availability of a sufficient water supply

shall be requested by the subdivision applicant or local agency, at

the discretion of the local agency, and shall be based on written

verification from the applicable public water system within 90 days

of a request.

(2) If the public water system fails to deliver the written

verification as required by this section, the local agency or any

other interested party may seek a writ of mandamus to compel the

public water system to comply.

(3) If the written verification provided by the applicable public

water system indicates that the public water system is unable to

provide a sufficient water supply that will meet the projected demand

associated with the proposed subdivision, then the local agency may

make a finding, after consideration of the written verification by

the applicable public water system, that additional water supplies

not accounted for by the public water system are, or will be,

available prior to completion of the subdivision that will satisfy

the requirements of this section. This finding shall be made on the

record and supported by substantial evidence.

(4) If the written verification is not provided by the public

water system, notwithstanding the local agency or other interested

party securing a writ of mandamus to compel compliance with this

section, then the local agency may make a finding that sufficient

water supplies are, or will be, available prior to completion of the

subdivision that will satisfy the requirements of this section. This

finding shall be made on the record and supported by substantial

evidence.

(c) The applicable public water system's written verification of

its ability or inability to provide a sufficient water supply that

will meet the projected demand associated with the proposed

subdivision as required by subdivision (b) shall be supported by

substantial evidence. The substantial evidence may include, but is

not limited to, any of the following:

(1) The public water system's most recently adopted urban water

management plan adopted pursuant to Part 2.6 (commencing with Section

10610) of Division 6 of the Water Code.

(2) A water supply assessment that was completed pursuant to Part

2.10 (commencing with Section 10910) of Division 6 of the Water Code.

 

(3) Other information relating to the sufficiency of the water

supply that contains analytical information that is substantially

similar to the assessment required by Section 10635 of the Water

Code.

(d) When the written verification pursuant to subdivision (b)

relies on projected water supplies that are not currently available

to the public water system, to provide a sufficient water supply to

the subdivision, the written verification as to those projected water

supplies shall be based on all of the following elements, to the

extent each is applicable:

(1) Written contracts or other proof of valid rights to the

identified water supply that identify the terms and conditions under

which the water will be available to serve the proposed subdivision.

 

(2) Copies of a capital outlay program for financing the delivery

of a sufficient water supply that has been adopted by the applicable

governing body.

(3) Securing of applicable federal, state, and local permits for

construction of necessary infrastructure associated with supplying a

sufficient water supply.

(4) Any necessary regulatory approvals that are required in order

to be able to convey or deliver a sufficient water supply to the

subdivision.

(e) If there is no public water system, the local agency shall

make a written finding of sufficient water supply based on the

evidentiary requirements of subdivisions (c) and (d) and identify the

mechanism for providing water to the subdivision.

(f) In making any findings or determinations under this section, a

local agency, or designated advisory agency, may work in conjunction

with the project applicant and the public water system to secure

water supplies sufficient to satisfy the demands of the proposed

subdivision. If the local agency secures water supplies pursuant to

this subdivision, which supplies are acceptable to and approved by

the governing body of the public water system as suitable for

delivery to customers, it shall work in conjunction with the public

water system to implement a plan to deliver that water supply to

satisfy the long-term demands of the proposed subdivision.

(g) The written verification prepared under this section shall

also include a description, to the extent that data is reasonably

available based on published records maintained by federal and state

agencies, and public records of local agencies, of the reasonably

foreseeable impacts of the proposed subdivision on the availability

of water resources for agricultural and industrial uses within the

public water system's service area that are not currently receiving

water from the public water system but are utilizing the same sources

of water. To the extent that those reasonably foreseeable impacts

have previously been evaluated in a document prepared pursuant to the

California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code) or the National

Environmental Policy Act (Public Law 91-190) for the proposed

subdivision, the public water system may utilize that information in

preparing the written verification.

(h) Where a water supply for a proposed subdivision includes

groundwater, the public water system serving the proposed subdivision

shall evaluate, based on substantial evidence, the extent to which

it or the landowner has the right to extract the additional

groundwater needed to supply the proposed subdivision. Nothing in

this subdivision is intended to modify state law with regard to

groundwater rights.

(i) This section shall not apply to any residential project

proposed for a site that is within an urbanized area and has been

previously developed for urban uses, or where the immediate

contiguous properties surrounding the residential project site are,

or previously have been, developed for urban uses, or housing

projects that are exclusively for very low and low-income households.

 

(j) The determinations made pursuant to this section shall be

consistent with the obligation of a public water system to grant a

priority for the provision of available and future water resources or

services to proposed housing developments that help meet the city's

or county's share of the regional housing needs for lower income

households, pursuant to Section 65589.7.

(k) The County of San Diego shall be deemed to comply with this

section if the Office of Planning and Research determines that all of

the following conditions have been met:

(1) A regional growth management strategy that provides for a

comprehensive regional strategy and a coordinated economic

development and growth management program has been developed pursuant

to Proposition C as approved by the voters of the County of San

Diego in November 1988, which required the development of a regional

growth management plan and directed the establishment of a regional

planning and growth management review board.

(2) Each public water system, as defined in Section 10912 of the

Water Code, within the County of San Diego has adopted an urban water

management plan pursuant to Part 2.6 (commencing with Section 10610)

of the Water Code.

(3) The approval or conditional approval of tentative maps for

subdivisions, as defined in this section, by the County of San Diego

and the cities within the county requires written communications to

be made by the public water system to the city or county, in a format

and with content that is substantially similar to the requirements

contained in this section, with regard to the availability of a

sufficient water supply, or the reliance on projected water supplies

to provide a sufficient water supply, for a proposed subdivision.

(l) Nothing in this section shall preclude the legislative body of

a city or county, or the designated advisory agency, at the request

of the applicant, from making the determinations required in this

section earlier than required pursuant to subdivision (b).

(m) Nothing in this section shall be construed to create a right

or entitlement to water service or any specific level of water

service.

(n) Nothing in this section is intended to change existing law

concerning a public water system's obligation to provide water

service to its existing customers or to any potential future

customers.

(o) Any action challenging the sufficiency of the public water

system's written verification of a sufficient water supply shall be

governed by Section 66499.37.

 

 

66474. A legislative body of a city or county shall deny approval

of a tentative map, or a parcel map for which a tentative map was not

required, if it makes any of the following findings:

(a) That the proposed map is not consistent with applicable

general and specific plans as specified in Section 65451.

(b) That the design or improvement of the proposed subdivision is

not consistent with applicable general and specific plans.

(c) That the site is not physically suitable for the type of

development.

(d) That the site is not physically suitable for the proposed

density of development.

(e) That the design of the subdivision or the proposed

improvements are likely to cause substantial environmental damage or

substantially and avoidably injure fish or wildlife or their habitat.

 

(f) That the design of the subdivision or type of improvements is

likely to cause serious public health problems.

(g) That the design of the subdivision or the type of improvements

will conflict with easements, acquired by the public at large, for

access through or use of, property within the proposed subdivision.

In this connection, the governing body may approve a map if it finds

that alternate easements, for access or for use, will be provided,

and that these will be substantially equivalent to ones previously

acquired by the public. This subsection shall apply only to

easements of record or to easements established by judgment of a

court of competent jurisdiction and no authority is hereby granted to

a legislative body to determine that the public at large has

acquired easements for access through or use of property within the

proposed subdivision.

 

 

 

66474.01. Notwithstanding subdivision (e) of Section 66474, a local

government may approve a tentative map, or a parcel map for which a

tentative map was not required, if an environmental impact report was

prepared with respect to the project and a finding was made pursuant

to paragraph (3) of subdivision (a) of Section 21081 of the Public

Resources Code that specific economic, social, or other

considerations make infeasible the mitigation measures or project

alternatives identified in the environmental impact report.

 

 

 

66474.1. A legislative body shall not deny approval of a final or

parcel map if it has previously approved a tentative map for the

proposed subdivision and if it finds that the final or parcel map is

in substantial compliance with the previously approved tentative map.

 

 

 

 

66474.2. (a) Except as otherwise provided in subdivision (b) or

(c), in determining whether to approve or disapprove an application

for a tentative map, the local agency shall apply only those

ordinances, policies, and standards in effect at the date the local

agency has determined that the application is complete pursuant to

Section 65943 of the Government Code.

(b) Subdivision (a) shall not apply to a local agency which,

before it has determined an application for a tentative map to be

complete pursuant to Section 65943, has done both of the following:

(1) Initiated proceedings by way of ordinance, resolution, or

motion.

(2) Published notice in the manner prescribed in subdivision (a)

of Section 65090 containing a description sufficient to notify the

public of the nature of the proposed change in the applicable general

or specific plans, or zoning or subdivision ordinances.

A local agency which has complied with this subdivision may apply

any ordinances, policies, or standards enacted or instituted as a

result of those proceedings which are in effect on the date the local

agency approves or disapproves the tentative map.

(c) If the subdivision applicant requests changes in applicable

ordinances, policies or standards in connection with the same

development project, any ordinances, policies or standards adopted

pursuant to the applicant's request shall apply.

 

 

 

66474.3. (a) If the legislative body of a city or county finds,

based upon substantial evidence in the record, that any project for

which a tentative map or a vesting tentative map has been approved

will be affected by a previously enacted initiative measure to the

extent that there is likely to be a default on land-secured bonds

issued to finance infrastructure on the project, the legislative body

shall allow that portion of the project served by that

infrastructure to proceed in a manner consistent with the approved

tentative map or vesting tentative map.

(b) For purposes of this section, land-secured bond means any bond

issued pursuant to the Improvement Act of 1911 (Division 7

(commencing with Section 5000) of the Streets and Highways Code), the

Municipal Improvement Act of 1913 (Division 12 (commencing with

Section 10000) of the Streets and Highways Code), the Improvement

Bond Act of 1915 (Division 10 (commencing with Section 8500) of the

Streets and Highways Code), or the Mello-Roos Community Facilities

Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of

Division 2 of Title 5, so long as the bond was issued and sold at

least 90 days before the proposed initiative was adopted by either

popular vote at an election or by ordinance adopted by the

legislative body.

(c) Notwithstanding subdivision (a), the legislative body may

condition or deny a permit, approval, extension, or entitlement if it

determines any of the following:

(1) A failure to do so would place the residents of the

subdivision or the immediate community, or both, in a condition

dangerous to their health or safety, or both.

(2) The condition or denial is required, in order to comply with

state or federal law.

(d) An approved or conditionally approved tentative or vesting

tentative map shall be subject to the periods of time set forth in

Section 66452.6.

(e) The rights conferred by this section shall expire if a final

map is not approved prior to the expiration of the tentative map or

of the vesting tentative map.

(f) An approved or conditionally approved tentative map or vesting

tentative map shall not limit a legislative body from imposing

reasonable conditions on subsequent required approvals or permits

necessary for the development and authorized by the ordinances,

policies, and standards described in Section 66474.2 or 66498.1.

 

 

 

66474.4. (a) The legislative body of a city or county shall deny

approval of a tentative map, or a parcel map for which a tentative

map was not required, if it finds that either the resulting parcels

following a subdivision of that land would be too small to sustain

their agricultural use or the subdivision will result in residential

development not incidental to the commercial agricultural use of the

land, and if the legislative body finds that the land is subject to

any of the following:

(1) A contract entered into pursuant to the California Land

Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)

of Part 1 of Division 1 of Title 5), including an easement entered

into pursuant to Section 51256.

(2) An open-space easement entered into pursuant to the Open-Space

Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of

Part 1 of Division 1 of Title 5).

(3) An agricultural conservation easement entered into pursuant to

Chapter 4 (commencing with Section 10260) of Division 10.2 of the

Public Resources Code.

(4) A conservation easement entered into pursuant to Chapter 4

(commencing with Section 815) of Part 2 of Division 2 of the Civil

Code.

(b) (1) For purposes of this section, land shall be conclusively

presumed to be in parcels too small to sustain their agricultural use

if the land is (A) less than 10 acres in size in the case of prime

agricultural land, or (B) less than 40 acres in size in the case of

land that is not prime agricultural land.

(2) For purposes of this section, agricultural land shall be

presumed to be in parcels large enough to sustain their agricultural

use if the land is (A) at least 10 acres in size in the case of prime

agricultural land, or (B) at least 40 acres in size in the case of

land that is not prime agricultural land.

(c) A legislative body may approve a subdivision with parcels

smaller than those specified in this section if the legislative body

makes either of the following findings:

(1) The parcels can nevertheless sustain an agricultural use

permitted under the contract or easement, or are subject to a written

agreement for joint management pursuant to Section 51230.1 and the

parcels that are jointly managed total at least 10 acres in size in

the case of prime agricultural land or 40 acres in size in the case

of land that is not prime agricultural land.

(2) One of the parcels contains a residence and is subject to

Section 428 of the Revenue and Taxation Code; the residence has

existed on the property for at least five years; the landowner has

owned the parcels for at least 10 years; and the remaining parcels

shown on the map are at least 10 acres in size if the land is prime

agricultural land, or at least 40 acres in size if the land is not

prime agricultural land.

(d) No other homesite parcels as described in paragraph (2) of

subdivision (c) may be created on any remaining parcels under

contract entered into pursuant to the California Land Conservation

Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1

of Title 5) for at least 10 years following the creation of a

homesite parcel pursuant to this section.

(e) This section shall not apply to land that is subject to a

contract entered into pursuant to the California Land Conservation

Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1

of Title 5) when any of the following has occurred:

(1) A local agency formation commission has approved the

annexation of the land to a city and the city will not succeed to the

contract as provided in Sections 51243 and 51243.5.

(2) Written notice of nonrenewal of the contract has been served,

as provided in Section 51245, and, as a result of that notice, there

are no more than three years remaining in the term of the contract.

(3) The board or council has granted tentative approval for

cancellation of the contract as provided in Section 51282.

(f) This section shall not apply during the three-year period

preceding the termination of a contract described in paragraph (1) of

subdivision (a).

(g) This section shall not be construed as limiting the power of

legislative bodies to establish minimum parcel sizes larger than

those specified in subdivision (a).

(h) This section does not limit the authority of a city or county

to approve a tentative or parcel map with respect to land subject to

an easement described in this section for which agriculture is the

primary purpose if the resulting parcels can sustain uses consistent

with the intent of the easement.

(i) This section does not limit the authority of a city or county

to approve a tentative or parcel map with respect to land subject to

an easement described in this section for which agriculture is not