Subdivision Map Act

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.

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.

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.

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.