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.

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).

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.

more.

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

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

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).

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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