(California Government Code)
DIVISION 2. SUBDIVISIONS
Chapter 7. Enforcement and Judicial Review
Article 1. Prohibition and Penalty
66499.30. (a) No person shall sell, lease, or finance
any parcel or parcels of real property or commence
construction of any
building for sale, lease or financing thereon, except
for model homes, or allow occupancy thereof, for which
a final map is
required by this division or local ordinance, until
the final map thereof in full compliance with this
division and any local
ordinance has been filed for record by the recorder
of the county in which any portion of the subdivision
is located.
(b) No person shall sell, lease or finance any parcel
or parcels of real property or commence construction
of any building for
sale, lease or financing thereon, except for model homes,
or allow occupancy thereof, for which a parcel map
is required by
this division or local ordinance, until such map thereof
in full compliance with the provisions of this division
and any local
ordinance has been filed for record by the recorder
of the county in which any portion of the subdivision
is located.
(c) Conveyances of any part of a division of real property
for which a final or parcel map is required by this
division or local
ordinance shall not be made by parcel or block number,
initial or other designation, unless and until such
map has been filed
for record by the recorder of the county in which any
portion of the subdivision is located.
(d) Subdivisions (a), (b), and (c) do not apply to any
parcel or parcels of a subdivision offered for sale
or lease, contracted
for sale or lease, or sold or leased in compliance with
or exempt from any law (including a local ordinance),
regulating the
design and improvement of subdivisions in effect at
the time the subdivision was established.
(e) Nothing contained in subdivisions (a) and (b) shall
be deemed to prohibit an offer or contract to sell,
lease, or finance
real property or to construct improvements thereon where
the sale, lease, or financing, or the commencement
of construction,
is expressly conditioned upon the approval and filing
of a final subdivision map or parcel map, as required
under this division.
(f) Nothing in subdivisions (a) to (e), inclusive, shall
in any way modify or affect Section 11018.2 of the
Business and
Professions Code.
(g) For purposes of this section, the limitation period
for commencing an action, either civil or criminal,
against the
subdivider or an owner of record at the time of a violation
of this division or of a local ordinance enacted pursuant
to this
division, shall be tolled for any time period during
which there is no constructive notice of the transaction
constituting the
violation, because the owner of record, at the time
of the violation or at any time thereafter, failed
to record a deed, lease, or
financing document with the county recorder.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982; Amended by Stats. 1987, Ch. 799.)
Note: Stats. 1982, Ch. 87 also reads:
SEC. 32. The amendments made to Section 66499.30 of
the Government Code by this act are intended to overrule
Attorney
General's Opinion No. 80-407 (July 10, 1980) and to
authorize a person to offer or contract to sell, lease,
finance, or convey, or
construct improvements on a parcel of real property
where the offer or contract is expressly conditioned
upon the approval and
filing of a final subdivision map or parcel map, as
required by the Subdivision Map Act (Division 2 (commencing
with Section
66410) of Title 7 of the Government Code).
66499.31. Each violation of this division by a person
who is the subdivider or an owner of record, at the
time of the violation, of
property involved in the violation shall be punishable
by imprisonment in the county jail not exceeding one
year or in the state
prison, by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment. Every
other violation of
this division is a misdemeanor.
(Repealed and added by Stats. 1987, Ch. 799.)
Article 2. Remedies
66499.32.(a) Any deed of conveyance, sale or contract
to sell real property which has been divided, or which
has resulted from a
division, in violation of the provisions of this division,
or of the provisions of local ordinances enacted pursuant
to this
division, is voidable at the sole option of the grantee,
buyer or person contracting to purchase, his heirs,
personal
representative, or trustee in insolvency or bankruptcy
within one year after the date of discovery of the
violation of the
provisions of this division or of local ordinances enacted
pursuant to the provisions of this division, but the
deed of
conveyance, sale or contract to sell is binding upon
any successor in interest of the grantee, buyer or
person contracting to
purchase, other than those above enumerated, and upon
the grantor, vendor, or person contracting to sell,
or his assignee, heir
or devisee.
(b) Any grantee, or his successor in interest, of real
property which has been divided, or which has resulted
from a division,
in violation of the provisions of this division or of
local ordinances enacted pursuant thereto, may, within
one year of the date
of discovery of such violation, bring an action in the
superior court to recover any damages he has suffered
by reason of such
division of property. The action may be brought against
the person who divided the property in violation of
the provisions of
this division or of local ordinances enacted pursuant
thereto and against any successors in interest who
have actual or
constructive knowledge of such division of property.
The provisions of this section shall not apply to the
conveyance of any parcel of real property identified
in a certificate of
compliance filed pursuant to Section 66499.35 or identified
in a recorded final map or parcel map, from and after
the date of
recording.
The provisions of this section shall not limit or affect
in any way the rights of a grantee or his successor
in interest under any
other provision of law.
(Amended by Stats. 1975, Ch. 24. Effective April 4,
1975.)
66499.33. This division does not bar any legal, equitable
or summary remedy to which any aggrieved local agency
or other
public agency, or any person, firm, or corporation may
otherwise be entitled, and any such local agency or
other public agency,
or such person, firm, or corporation may file a suit
in the superior court of the county in which any real
property attempted to
be subdivided or sold, leased, or financed in violation
of this division or local ordinance enacted pursuant
thereto is located, to
restrain or enjoin any attempted or proposed subdivision
or sale, lease, or financing in violation of this division
or local
ordinance enacted pursuant thereto.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982.)
66499.34. No local agency shall issue any permit or
grant any approval necessary to develop any real property
which has been
divided, or which has resulted from a division, in violation
of the provisions of this division or of the provisions
of local
ordinances enacted pursuant to this division if it finds
that development of such real property is contrary
to the public health or
the public safety. The authority to deny such a permit
or such approval shall apply whether the applicant
therefor was the
owner of record at the time of such violation or whether
the applicant therefor is either the current owner
of record or a vendee
of the current owner of record pursuant to a contract
of sale of the real property with, or without, actual
or constructive
knowledge of the violation at the time of the acquisition
of his or her interest in such real property.
If a city or a county issues a permit or grants approval
for the development of any such real property, it may
impose only
those conditions that would have been applicable to
the division of the property at the time the applicant
acquired his or her
interest in such real property, and which has been established
at such time by this division or local ordinance enacted
pursuant
thereto, except that where the applicant was the owner
of record at the time of the initial violation of the
provisions of this
division or of local ordinances enacted pursuant thereto
who, by a grant of the real property created a parcel
or parcels in
violation of this division or local ordinances enacted
pursuant thereto, and such person is the current owner
of record of one or
more of the parcels which were created as a result of
the grant in violation of the division or local ordinances
enacted pursuant
thereto, then the local agency may impose such conditions
as would be applicable to a current division of the
property, and
except that if a conditional certificate of compliance
has been filed for record under the provisions of subdivision
(b) of Section
66499.35 only such conditions stipulated in that certificate
shall be applicable.
The issuance of a permit or grant of approval for development
of real property, or with respect to improvements that
have
been completed prior to the time a permit or grant of
approval for development was required by local ordinances
in effect at
the time of the improvement, or with respect to improvements
that have been completed in reliance upon a permit
or grant of
approval for development, shall constitute "real
property which has been approved for development,"
for the purposes of
subdivision (c) of Section 66499.35, and upon request
by the person owning the real property or a vendee
of such person
pursuant to a contract of sale, the local agency shall
issue a certificate of compliance for the affected
real property.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982; Amended by Stats. 1984, Ch. 864.)
Note: Stats. 1982, Ch. 87 also reads:
SEC. 33. Amendments made to Section 66499.34 by this
act are intended to eliminate the statutory authorization
whereby a
person who divides real property in violation of the
Subdivision Map Act (Division 2 (commencing with Section
66410) of
Title 7 of the Government Code) or local ordinances
enacted pursuant thereto is himself or herself entitled
to obtain a permit to
develop such property based solely on conditions which
could have been imposed upon such person at the time
of the unlawful
division.
66499.35. (a) Any person owning real property or a vendee
of that person pursuant to a contract of sale of the
real property may
request, and a local agency shall determine, whether
the real property complies with the provisions of this
division and of local
ordinances enacted pursuant thereto. Upon making the
determination, the city or the county shall cause a
certificate of
compliance to be filed for record with the recorder
of the county in which the real property is located.
The certificate of
compliance shall identify the real property and shall
state that the division thereof complies with applicable
provisions of this
division and of local ordinances enacted pursuant thereto.
The local agency may impose a reasonable fee to cover
the cost of
issuing and recording the certificate of compliance.
(b) If a local agency determines that the real property
does not comply with the provisions of this division
or of local
ordinances enacted pursuant thereto, it shall issue
a certificate of compliance or a conditional certificate
of compliance. A local
agency may, as a condition to granting a certificate
of compliance, impose any conditions which would have
been applicable to
the division of the property at the time the applicant
acquired his or her interest therein, and which had
been established at that
time by this division or local ordinance enacted pursuant
thereto, except that where the applicant was the owner
of record at the
time of the initial violation of the provisions of this
division or of local ordinances enacted pursuant thereto
who by a grant of
the real property created a parcel or parcels in violation
of this division or local ordinances enacted pursuant
thereto, and the
person is the current owner of record of one or more
of the parcels which were created as a result of the
grant in violation of
the division or local ordinances enacted pursuant thereto,
then the local agency may impose any conditions which
would be
applicable to a current division of the property. Upon
making the determination and establishing the conditions
the city or
county shall cause a conditional certificate of compliance
to be filed for record with the recorder of the county
in which the
real property is located. The certificate shall serve
as notice to the property owner or vendee who has applied
for the certificate
pursuant to this section, a grantee of the property
owner, or any subsequent transferee or assignee of
the property that the
fulfillment and implementation of these conditions shall
be required prior to subsequent issuance of a permit
or other grant of
approval for development of the property.
Compliance with these conditions shall not be required
until the time which a permit or other grant of approval
for
development of the property is issued by the local agency.
(c) A certificate of compliance shall be issued for
any real property which has been approved for development
pursuant to
Section 66499.34.
(d) A recorded final map, parcel map, official map,
or an approved certificate of exception shall constitute
a certificate of
compliance with respect to the parcels of real property
described therein.
(e) An official map prepared pursuant to subdivision
(b) of Section 66499.52 shall constitute a certificate
of compliance with
respect to the parcels of real property described therein
and may be filed for record, whether or not the parcels
are contiguous,
so long as the parcels are within the same section or,
with the approval of the city engineer or county surveyor,
within
contiguous sections of land.
(f) (1) Each certificate of compliance or conditional
certificate of compliance shall include information
the local agency
deems necessary, including, but not limited to, all
of the following:
(A) Name or names of owners of the parcel.
(B) Assessor parcel number of numbers of the parcel.
(C) The number of parcels for which the certificate
of compliance or conditional certificate of compliance
or conditional
certificate of compliance is being issued and recorded.
(D) Legal description of the parcel or parcels for which
the certificate of compliance is being issued and recorded.
(E) A notice stating as follows:
This certificate relates only to issues of compliance
or noncompliance with the Subdivision Map Act and local
ordinances
enacted pursuant thereto. The parcel described herein
may be sold, leased, or financed without further compliance
with the
Subdivision Map Act or any local ordinance enacted pursuant
thereto. Development of the parcel may require issuance
of a
permit or permits, or other grant or grants of approval.
(F) Any conditions to be fulfill and implemented prior
to subsequent issuance of a permit or other grant for
approval for
development of the property, as specified in the conditional
certificate of parcel compliance.
(2) Local agencies may process applications for certificates
of compliance or conditional certificates of compliance
concurrently and may record a single certificate of
compliance or a single conditional certificate of compliance
for multiple
parcels. Where a single certificate of compliance or
conditional certificate or compliance is certifying
multiple parcels, each as
to compliance with the provisions of this division and
with local ordinances enacted pursuant thereto, the
single certificate of
compliance or conditional certificate of compliance
shall clearly identify, and distinguish between, the
descriptions of each
parcel.
(Amended by Stats. 1982, Ch. 87. Effective March 1,
1982; Amended by Stats. 1983, Ch. 677; Amended by Stats.
1988, Ch.
1041; Amended by Stats. 1993, Ch. 500; Amended by Stats.
1994, Ch. 655.)
Note: Stats. 1982, Ch. 87, also reads:
SEC. 34. Amendments made to Section 66499.35 of the
Government Code by this act are intended to eliminate
the statutory
authorization whereby a person who divides real property
in violation of the Subdivision Map Act (Division 2
(commencing
with Section 66410) of Title 7 of the Government Code)
or local ordinances enacted pursuant thereto is himself
or herself
entitled to obtain a conditional certificate of compliance
with regard to such property based solely on conditions
which could
have been imposed upon such person at the time of the
unlawful division.
Note: Stats. 1994, Ch. 655, also reads:
SEC. 3. This act is not intended to either enlarge or
diminish the regulatory authority of a local agency,
nor is this act
intended to support or overrule the holding of the California
Supreme Court in Morehart v. County of Santa Barbara,
7 Cal.4th
725 (1994).
66499.36. Whenever a local agency has knowledge that
real property has been divided in violation of the
provisions of this
division or of local ordinances enacted pursuant to
this division, it shall cause to be mailed by certified
mail to the then current
owner of record of the property a notice of intention
to record a notice of violation, describing the real
property in detail,
naming the owners thereof, and stating that an opportunity
will be given to the owner to present evidence. The
notice shall
specify a time, date, and place for a meeting at which
the owner may present evidence to the legislative body
or advisory
agency why the notice should not be recorded. The notice
shall also contain a description of the violations
and an explanation
as to why the subject parcel is not lawful under subdivision
(a) or (b) of Section 66412.6.
The meeting shall take place no sooner than 30 days
and no later than 60 days from date of mailing. If,
within 15 days of
receipt of the notice, the owner of the real property
fails to inform the local agency of his or her objection
to recording the
notice of violation, the legislative body or advisory
agency shall record the notice of violation with the
county recorder. If,
after the owner has presented evidence, it is determined
that there has been no violation, the local agency
shall mail a clearance
letter to the then current owner of record. If, however,
after the owner has presented evidence, the legislative
body or advisory
agency determines that the property has in fact been
illegally divided, the legislative body or advisory
agency shall record the
notice of violation with the county recorder. The notice
of violation, when recorded, shall be deemed to be
constructive notice
of the violation to all successors in interest in such
property. The county recorder shall index the names
of the fee owners in the
general index.
(Amended by Stats. 1984, Ch. 864.)
Article 3. Judicial Review
66499.37. Any action or proceeding to attack, review,
set aside, void or annul the decision of an advisory
agency, appeal board or
legislative body concerning a subdivision, or of any
of the proceedings, acts or determinations taken, done
or made prior to
such decision, or to determine the reasonableness, legality
or validity of any condition attached thereto, shall
not be maintained
by any person unless such action or proceeding is commenced
and service of summons effected within 90 days after
the date
of such decision. Thereafter all persons are barred
from any such action or proceeding or any defense of
invalidity or
unreasonableness of such decision or of such proceedings,
acts or determinations. Any such proceeding shall take
precedence
over all matters of the calendar of the court except
criminal, probate, eminent domain and forcible entry
and unlawful detainer
proceedings.
(Amended by Stats. 1980, Ch. 1152.)
OFFICIAL MAPS
(California Government Code)
DIVISION 3. OFFICIAL MAPS
66499.50. This division applies to all counties and,
whether incorporated or not, to all cities, towns and
villages in this state.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)
66499.51. As used in this division:
(a) "City council or board of supervisors"
includes the proper corresponding governing board and
authority in each place
where the division applies.
(b) "City engineer" and "county surveyor"
includes the like or corresponding officer, subject
to the direction of the
corresponding governing board and authority in each
place where the division applies.
(c) If there is no city engineer or county surveyor
subject to such direction, the corresponding board
and authority may
employ competent engineers and surveyors to the extent
necessary for the carrying out of the purposes of this
division in the
places subject to its jurisdiction, and the persons
so appointed shall have the same authority and shall
perform the same duties
as are given to and enjoined upon city engineers and
county surveyors, respectively, in like cases. The
services of engineers
and surveyors so employed shall be contracted for, examined,
passed upon, audited and paid as are other debts contracted
by
such governing boards and authorities.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)
66499.52. (a) Whenever any city, town or subdivision
of land is platted or divided into lots or blocks,
and whenever any addition
to any city, town or subdivision is laid out into lots
or blocks for the purpose of sale or transfer, the
city engineer or the county
surveyor, under the direction and with the approval
of the city council or board of supervisors, may make
an official map of the
city, town or subdivision, giving to each block on the
map a number, and to each lot or subdivision in the
block a separate
number or letter, and giving names to such streets,
avenues, lanes, courts, commons or parks, as may be
delineated on the
official map.
(b) In a city or county which has adopted the procedure
prescribed herein, any surveyor or engineer, under
the review of the
city engineer or county surveyor, may prepare an official
map to be filed for record pursuant to subdivisions
(d) and (e) of
Section 66499.35. The map shall be prepared in accordance
with the map format specifications of subdivisions
(a) to (f),
inclusive, of Section 66434. Payment for the services
of the city engineer or county surveyor, and any charges
required by
local ordinance to be paid for the cost of processing
the official map by the city engineer or county surveyor,
shall be the
responsibility of the applicant. The official map shall
include an engineer's or surveyor's certificate stating
that the map was
prepared pursuant to the provisions of this section,
and an approval certificate of the city engineer or
county surveyor.
(Amended by Stats. 1983, Ch. 677.)
66499.53. The engineer or surveyor, under the direction
and with the approval of the city council or board
of supervisors, may
compile the map from maps on file, or may resurvey or
renumber the blocks, or renumber or reletter the lots
in the blocks, or
change the names of streets.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)
66499.54. Each and every map made and adopted under
this division shall be certified under the hands of
a majority of the
members and the presiding officer and secretary and
official seal, if any, of the authority adopting the
same. The certificate
shall set forth in full the resolution adopting the
map, with the date of adoption.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)
66499.55. The map, so certified, shall be forthwith
filed in the office of the county recorder of the county
wherein the platted
lands are situate. The recorder shall immediately securely
fasten and bind each map so filed in one of a series
of firmly bound
books to be provided, together with the proper indexes
thereof and appropriately marked for the reception
of the maps
provided for in this division.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)
66499.56. The map shall become an official map for all
the purposes of this division when certified, filed
and bound, but not
before.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)
66499.57. Whenever the city council or board of supervisors
adopts a map prepared under this chapter [probably
should read
"division"] as the official map of the subdivision,
town, city or county, it shall be lawful and sufficient
to describe the lots or
blocks in any deeds, conveyances, contracts, or obligations
affecting any of the lots or blocks as designated on
the official map,
a reference sufficient for the identification of the
map being coupled with the description.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)
66499.58. All surveys and the field notes thereof made
by any engineer or surveyor, under the provisions of
this division, or in
surveying officially any lots or parcels of land in
any city, town or county for the purposes of any map
under this division,
shall be filed in the office of the surveyor or engineer,
as the case may be, and shall become a part of the
public records of the
city, town or county.
(Added by Stats. 1975, Ch. 24. Effective April 4, 1975.)