(California Government Code)
DIVISION 2. SUBDIVISIONS
Chapter 1. General Provisions and Definitions
Article 1. General Provisions
66410. This division may be cited as the Subdivision
Map Act.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
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 such individual cases.
(Amended by Stats. 1980, Ch. 1152; Amended by Stats.
1988, Ch. 1388.)
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 such 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.
(Amended by Stats. 1977, Ch. 234. Effective July 7,
1977; Amended by Stats. 1987, Ch. 982; Amended by Stats.
1994, Ch.
655.)
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.
(Added by Stats. 1988, Ch. 494.)
66412. This division shall be inapplicable to:
(a) The financing or leasing of apartments, offices,
stores, or similar space within apartment buildings,
industrial buildings,
commercial buildings, mobilehome parks, or trailer parks.
(b) Mineral, oil, or gas leases.
(c) Land dedicated for cemetery purposes under the Health
and Safety Code.
(d) A lot line adjustment between two or more existing
adjacent parcels, where the land taken from one parcel
is added to an
adjacent parcel, and where a greater number of parcels
than originally existed is not thereby created, provided
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 local 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 local 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 11004 of the
Business and Professions 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.
(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 11003.2 of the Business
and Professions 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.
(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.
(Amended by Stats. 1984, Ch. 306; Amended by Stats.
1985, Ch. 1504; Amended by Stats. 1990, Ch. 1001; Amended
by
Stats. 1992, Ch. 1003.)
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.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982.)
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.
(Added by Stats. 1983, Ch. 1013. Effective September
22, 1983.)
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.
(Amended and renumbered by Stats. 1983, Ch. 1013. Was
formerly 66412.2. Effective September 22, 1983.)
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.
(Added by Stats. 1977, Ch. 412.)
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 at the time of the creation of the parcel
there was
compliance with any local ordinance or there was no
local ordinance in effect which regulated divisions
of land creating fewer
than five parcels.
(b) For purposes of this division or of a local ordinance
enacted pursuant thereto, any parcel created prior
to March 4, 1972,
shall be conclusively presumed to have been lawfully
created if any subsequent purchaser acquired that parcel
for valuable
consideration without actual or constructive knowledge
of a violation of this division or the local ordinance.
Owners of parcels
or units of land affected by the provisions of this
subdivision shall be required to obtain a certificate
of compliance or a
conditional certificate of compliance pursuant to Section
66499.35 prior to obtaining a permit or other grant
of approval for
development of the parcel or unit of land. For purposes
of determining whether the parcel or unit of land complies
with the
provisions of this division and of local ordinances
enacted pursuant thereto, as required pursuant to subdivision
(a) of Section
66499.35, the presumption declared in this subdivision
shall not be operative.
(c) This section shall remain in effect only until January
1, 1995, and as of that date is repealed, unless a
later enacted
statute, enacted before January 1, 1995, deletes or
extends that date.
Sec. 2. 66412.6(a) For purposes of this division or
of a local ordinance enacted pursuant thereto, any
parcel created prior to
March 4, 1972, shall be conclusively presumed to have
been lawfully created if the parcel resulted from a
division of land in
which fewer than five parcels were created and if at
the time of the creation of the parcel, there was no
local ordinance in effect
which regulated divisions of land creating fewer than
five parcels.
(b) For purposes of this division or of a local ordinance
enacted pursuant thereto, any parcel created prior
to March 4, 1972,
shall be conclusively presumed to have been lawfully
created if any subsequent purchaser acquired that parcel
for valuable
consideration without actual or constructive knowledge
of a violation of this division or the local ordinance.
Owners of parcels
or units of land affected by the provisions of this
subdivision shall be required to obtain a certificate
of compliance or a
conditional certificate of compliance pursuant to Section
66499.35 prior to obtaining a permit or other grant
of approval for
development of the parcel or unit of land. For purposes
of determining whether the parcel or unit of land complies
with the
provisions of this division and of local ordinances
enacted pursuant thereto, as required pursuant to subdivision
(a) of Section
66499.35, the presumption declared in this subdivision
shall not be operative.
(c) This section shall become operative January 1, 1995.
(Amended by Stats. 1981, Ch. 1184.; Amended, repealed,
and added by Stats. 1988, Ch. 1041; Amended by Stats.
1993, Ch.
500.)
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.
(Added by Stats. 1980, Ch. 479.)
66412.8. (Repealed by Stats. 1984, Ch. 1201.)
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.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975; Amended by Stats. 1986, Ch. 613.)
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, meets the requirements and conditions
for
approval of the final map as provided in Article 4 (commencing
with Section 66456) of Chapter 3, other requirements
of this
division, and the county's subdivision ordinance.
(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 shall 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, meets the requirements
and
conditions for approval of the final map as provided
in Article 4 (commencing with Section 66456) of Chapter
3, Chapter 4.5
(commencing with Section 66498.1), other requirements
of this division, and the county's subdivision ordinance.
(c) Notwithstanding subdivisions (a) and (b), the newly
incorporated city may condition or deny a permit, approval,
or
extension, or entitlement if it determines any of the
following:
(1) A failure to do so would place the residents of
the subdivision or the immediate community, or both,
in a condition
dangerous to their health or safety, or both.
(2) The condition or denial is required, in order to
comply with state or federal law.
(d) The rights conferred by this section shall expire
if a final map is not approved prior to the expiration
of the tentative map
or of the vesting tentative map. If the final map is
approved, the rights conferred by this section shall
be subject to the periods
of time set forth in Section 66452.6, but shall not
exceed eight years from the date of 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)
or (h), this section applies to any approved tentative
map or approved
vesting tentative map which 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 approves 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, 1989.
(h) This section does not apply to any subdivision subject
to Section 66427.1 and it is not the intent of the
Legislature to
influence or affect any litigation pending on December
31, 1988.
(i) This section shall remain in effect only until January
1, 1995, and as of that date is repealed, unless a
later enacted statute,
which is enacted before that date, deletes or extends
that date.
(Added and repealed by Stats. 1988, Ch. 1330; Amended
by Stats. 1991, Ch. 354.)
66413.7. Whenever there is consideration of an area
within a development for a public school site, the
advisory agency shall give
the State Department of Education written notice of
the proposed site. If the site is within the distance
of an airport runway as
described in Section 39005 of the Education Code, the
department shall notify the State Department of Transportation
as
required by the section. The State Department of Education
shall investigate the proposed site and, within 35
days after receipt
of the notice, shall submit to the advisory agency and
school district a written report and its recommendations
concerning the
site.
The governing board of the school district shall not
acquire title to the property until the report of the
State Department of
Education has been received. If the report does not
favor the acquisition of the property for a schoolsite,
the governing board
shall not acquire title to the property until 30 days
after the department's report has been read at a public
hearing duly called
after 10 days' notice published once in a newspaper
of general circulation within the school district or,
if there is no newspaper
of this type, in a newspaper of general circulation
within the county in which the property is located.
(Added by Stats. 1989, Ch. 1209. Effective October 1,
1989.)
Article 2. Definitions
66414. The definitions in this article apply to the
provisions of this division only and do not affect
any other provisions of law.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
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.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
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.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
66417. "County surveyor" includes county
engineer, if there is no county surveyor.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
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)
such other specific physical requirements in the plan
and configuration of the entire subdivision as may
be necessary to ensure
consistency with, or implementation of, the general
plan or any applicable specific plan.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975. Amended by Stats. 1984, Ch. 1187.)
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 alteration of the land and
construction incident thereto.
(Added by Stats. 1984, Ch. 1113. Operative January 1,
1986. See note following Section 66498.1.)
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
or will be available to the local agency approving
the
environmental subdivision to support the application
for approval.
(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 has been 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. This reservation shall be not 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 it is less than 20 acres in size, but is contiguous
to other land that
would also qualify as an environmental subdivision and
the total combined acreage would be 20 acres or more.
(c) Notwithstanding subdivision (a) of Section 66411.1,
any improvement, dedication, or design required by
the local
agency as a condition of approval of an environmental
subdivision shall be solely for the purposes of ensuring
compliance with the conditions required by the local,
state, or federal agency requiring the mitigation.
(d) After recordation of an environmental subdivision,
a subdivider may only abandon an environmental subdivision
by reversion to acreage pursuant to Chapter 6 (commencing
with Section 66499.11) if the local agency finds that
all of
the following conditions exist:
(1) None of the parcels created by the environmental
subdivision has been sold or exchanged.
(2) None of the parcels is being used, set aside, or
required for mitigation purposes pursuant to this section.
(3) Upon abandonment and reversion to acreage pursuant
to this subdivision, the easement for biotic and wildlife
purposes is extinguished.
(e) If the environmental subdivision is abandoned and
reverts to acreage pursuant to subdivision (d), all
local, state,
and federal requirements shall apply.
(f) This section shall apply only upon the written request
of the landowner at the time the land is divided.
This
section is not intended to limit or preclude subdivision
by other lawful means for the mitigation of impacts
to the
environment, or of the land devoted to these purposes,
or to require the division of land for these purposes.
(g) Notwithstanding any other provision of law, no legislative
body shall approve or conditionally approve a
subdivision pursuant to this section on or after January
1, 2003.
(Added by Stats. 1995, Ch. 955.)
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.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975. Amended by Stats. 1984, Ch. 1187.)
66420. "Local agency" means a city, county
or city and county.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
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.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
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.
(Added by Stats. 1988, Ch. 1041.)
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."
(Amended by Stats. 1976, Ch. 660.)
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.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982; Amended by Stats. 1992, Ch. 400; Amended by Stats.
1994, Ch.
458.)
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.
(Amended by Stats. 1977, Ch. 234. Effective July 7,
1977; Amended by Stats. 1986, Ch. 35.)
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.
(Amended by Stats. 1984, Ch. 1113. Operative January
1, 1986. See note following Section 66498.1.)
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
map or final
map is required.
(2) For a designated remainder parcel described in this
subdivision, the fulfillment of construction requirements
for
improvements, including the payment of fees associated
with any deferred improvements, shall not be required
until a permit
or other grant of approval for development of the remainder
parcel is issued by the local agency or, where provided
by local
ordinance, until the construction of the improvements,
including the payment of fees associated with any deferred
improvements, is required pursuant to an agreement between
the subdivider and the local agency. In the absence
of that
agreement, a local agency may require fulfillment of
the construction requirements, including the payment
of fees associated
with any deferred improvements, within a reasonable
time following approval of the final map and prior
to the issuance of a
permit or other grant of approval for the development
of a remainder parcel upon a finding by the local agency
that fulfillment
of the construction requirements is necessary for reasons
of:
(A) The public health and safety; or
(B) The required construction is a necessary prerequisite
to the orderly development of the surrounding area.
(b) If the subdivider elects to omit all or a portion
of any unit of improved or unimproved land which is
not divided for the
purpose of sale, lease, or financing, the omitted portion
shall not be counted as a parcel for purposes of determining
whether a
parcel or final map is required, and the fulfillment
of construction requirements for offsite improvements,
including the
payment of fees associated with any deferred improvements,
shall not be required until a permit or other grant
of approval for
development is issued on the omitted parcel, except
where allowed pursuant to paragraph (2) of subdivision
(a).
(c) The provisions of subdivisions (a) and (b) providing
for deferral of the payment of fees associated with
any deferred
improvements shall not apply if the designated remainder
or omitted parcel is included within the boundaries
of a benefit
assessment district or community facilities district.
(d) A designated remainder or any omitted parcel may
subsequently be sold without any further requirement
of the filing of
a parcel map or final map, but the local agency may
require a certificate of compliance or conditional
certificate of compliance.
(Added by Stats. 1979, Ch. 383; Amended by Stats. 1985,
Ch. 1504; Amended by Stats. 1991, Ch. 907.)