DIVISION 2. SUBDIVISIONS [66410. - 66499.41.]
Division 2 added by Stats. 1974, Ch. 1536.
§§ 66410–66499.41 · 280 sections
CHAPTER 1. General Provisions and Definitions §§ 66410–66424.6 · 33 sections
ARTICLE 1. General Provisions §§ 66410–66413.5 · 16 sections
- § 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…
- § 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…
- § 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…
- § 66411.7 (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel…
- § 66412 This division shall be inapplicable to any of the following: (a) The financing or leasing of apartments, offices, stores, or similar space within apartment…
- § 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…
- § 66412.2 This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 66412.9 This division shall not apply to leases of agriculturally zoned land to nonprofit organizations for the purpose of operating an agricultural labor housing…
- § 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…
- § 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…
ARTICLE 2. Definitions §§ 66414–66424.6 · 17 sections
- § 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…
- § 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…
- § 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…
- § 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,…
- § 66418 “Design” means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3)…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 66423 “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2. Maps §§ 66425–66450 · 35 sections
ARTICLE 1. General Provisions §§ 66425–66431 · 14 sections
- § 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…
- § 66426.5 Any conveyance of land to or from a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility…
- § 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…
- § 66427.1 (a) 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…
- § 66427.2 Unless applicable general or specific plans contain definite objectives and policies, specifically directed to the conversion of existing buildings into…
- § 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 or floating home marina to another…
- § 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…
- § 66427.6 At the time of filing a tentative or parcel map for a subdivision to be created from the conversion of a rental floating home marina to resident ownership, the…
- § 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…
- § 66428.1 (a) When at least two-thirds of the owners of mobilehomes or floating homes who are tenants in the mobilehome park or floating home marina sign a petition…
- § 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…
- § 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…
ARTICLE 2. Final Maps §§ 66433–66443 · 15 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 66435.1 Notwithstanding any other provision of this article, local agencies may require that those certificates, statements, and acknowledgments required by Sections…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 66442.5 The following statements shall appear on a final map: Engineer’s or Surveyor’s statement: This map was prepared by me or under my direction and is based upon a…
- § 66443 In addition to the certificates, statements, and acknowledgments required herein for final maps, the maps shall contain other certificates and acknowledgments…
ARTICLE 3. Parcel Maps §§ 66444–66450 · 6 sections
- § 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…
- § 66447 (a) If dedications or offers of dedication are required, they may be made either by a statement on the parcel map or by separate instrument, as provided by…
- § 66448 In all cases where a parcel map is required, the parcel map shall be based upon a field survey made in conformity with the Land Surveyors Act when required by…
- § 66449 The following statements shall appear on a parcel map: Engineer’s or Surveyor’s statement: This map was prepared by me or under my direction (and was compiled…
- § 66450 (a) If a subdivision for which a parcel map is required lies within an unincorporated area, a certificate or statement by the county surveyor is required. If a…
CHAPTER 3. Procedure §§ 66451–66472.1 · 83 sections
ARTICLE 1. General Provisions §§ 66451–66451.7 · 7 sections
- § 66451 The procedures set forth in this chapter shall govern the processing, approval, conditional approval or disapproval and filing of tentative, final and parcel…
- § 66451.1 (a) The time limits specified in this chapter for reporting and acting on maps may be extended by mutual consent of the subdivider and the advisory agency or…
- § 66451.2 The local agency may establish reasonable fees for the processing of tentative, final and parcel maps and for other procedures required or authorized by this…
- § 66451.3 (a) Unless otherwise provided by this division, notice of a hearing held pursuant to this division shall be given pursuant to Sections 65090 and 65091. (b) If…
- § 66451.4 No advisory agency or legislative body shall disapprove an application for a tentative, final, or parcel map in order to comply with the time limits specified…
- § 66451.6 No fee shall be charged by a local agency as a condition to the approval of a tentative, final, or parcel map for a subdivision, or a division of land which is…
- § 66451.7 Applications for an exception from the Subdivision Map Act pursuant to Section 66412, and applications for parcel map waivers pursuant to Section 66428, shall…
ARTICLE 1.5. Merger of Parcels §§ 66451.10–66451.24 · 16 sections
- § 66451.10 (a) Notwithstanding Section 66424, except as is otherwise provided for in this article, two or more contiguous parcels or units of land which have been created…
- § 66451.11 A local agency may, by ordinance which conforms to and implements the procedures prescribed by this article, provide for the merger of a parcel or unit with a…
- § 66451.12 A merger of parcels becomes effective when the local agency causes to be filed for record with the recorder of the county in which the real property is…
- § 66451.13 Prior to recording a notice of merger, the local agency shall cause to be mailed by certified mail to the then current record owner of the property a notice of…
- § 66451.14 At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the local agency a…
- § 66451.15 Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 66451.14, the local agency shall…
- § 66451.16 At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger…
- § 66451.17 If, within the 30-day period specified in Section 66451.14, the owner does not file a request for a hearing in accordance with Section 66451.16, the local…
- § 66451.18 If, in accordance with Section 66451.16 or 66451.17, the local agency determines that the subject property shall not be merged, it shall cause to be recorded…
- § 66451.19 (a) Except as provided in Sections 66451.195, 66451.301, and 66451.302, a city or county shall no later than January 1, 1986, record a notice of merger for any…
- § 66451.195 (a) Counties more than 20,000 square miles in size shall have until January 1, 1990, to record a notice of merger for parcels of 4,000 square feet or less…
- § 66451.20 Prior to amending a merger ordinance which was in existence on January 1, 1984, in order to bring it into compliance with Section 66451.11, the legislative…
- § 66451.21 Prior to the adoption of a merger ordinance in conformance with Section 66451.11, by a city or county not having a merger ordinance on January 1, 1984, the…
- § 66451.22 (a) The Legislature hereby finds and declares that: (1) The agricultural area of Napa County has become extremely important over the last 25 years as a premier…
- § 66451.23 Prior to adopting any ordinance authorized by Section 66451.22, the legislative body of the County of Napa shall conduct at least one public meeting at which…
- § 66451.24 (a) Nothing in this article prohibits a landowner, local agency, or renewable energy corporation authorized to conduct business in this state from seeking…
ARTICLE 1.7. Unmerger of Parcels §§ 66451.30–66451.33 · 6 sections
- § 66451.30 Any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January…
- § 66451.301 If any parcels or units of land merged under a valid local merger ordinance which was in effect prior to January 1, 1984, but for which a notice of merger had…
- § 66451.302 (a) By January 1, 1987, a city or county or city and county which has within its boundaries, parcels or units of land which are or may be subject to the…
- § 66451.31 Upon application made by the owner and payment of any fees authorized by Section 66451.33, the local agency shall make a determination that the affected…
- § 66451.32 (a) Upon a determination that the parcels meet the standards specified in Section 66451.30, the local agency shall issue to the owner and record with the…
- § 66451.33 A city or county may impose a fee not to exceed those permitted by Chapter 13 (commencing with Section 54990) of Part 1, payable by the owner, for those costs…
ARTICLE 2. Tentative Maps §§ 66452–66452.27 · 22 sections
- § 66452 (a) A tentative map shall be filed with the clerk of the advisory agency or, if there is no advisory agency, with the clerk of the legislative body, or with…
- § 66452.1 (a) If the advisory agency is not authorized by local ordinance to approve, conditionally approve or disapprove the tentative map, it shall make its written…
- § 66452.2 (a) If there is an advisory agency which is not authorized by local ordinance to approve, conditionally approve or disapprove the tentative map, at the next…
- § 66452.3 Any report or recommendation on a tentative map by the staff of the local agency to the advisory agency or legislative body shall be in writing and a copy…
- § 66452.4 (a) If no action is taken upon a tentative map by an advisory agency that is authorized by local ordinance to approve, conditionally approve, or disapprove the…
- § 66452.5 (a) (1) The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project,…
- § 66452.6 (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period…
- § 66452.10 A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, or a community apartment project, as defined in Section 11004 of the…
- § 66452.11 (a) The expiration date of any tentative subdivision map or parcel map for which a tentative map has been approved that has not expired on the date that the…
- § 66452.12 (a) Any permit issued by a local agency in conjunction with a tentative subdivision map for a planned unit development shall expire pursuant to Section…
- § 66452.13 (a) The expiration date of any tentative or vesting tentative subdivision map or parcel map for which a tentative map or vesting tentative map has been…
- § 66452.17 (a) Commencing at a date not less than 60 days prior to the filing of a tentative map pursuant to Section 66452, the subdivider or his or her agent shall give…
- § 66452.18 (a) Pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 66427.1, the subdivider shall give notice 60 days prior to the filing of a…
- § 66452.19 (a) Pursuant to the provisions of subparagraph (E) of paragraph (2) of subdivision (a) of Section 66427.1, the subdivider shall give written notice of the…
- § 66452.20 (a) Pursuant to subparagraph (F) of paragraph (2) of subdivision (a) of Section 66427.1, the subdivider shall give written notice within five days after…
- § 66452.21 (a) The expiration date of any tentative or vesting tentative subdivision map or parcel map for which a tentative or vesting tentative map, as the case may be,…
- § 66452.22 (a) The expiration date of any tentative or vesting tentative subdivision map or parcel map for which a tentative or vesting tentative map, as the case may be,…
- § 66452.23 (a) The expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, has…
- § 66452.24 (a) The expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that…
- § 66452.25 (a) If the map was approved within a county described in subdivision (c), the expiration date of a tentative map, vesting tentative map, or parcel map for…
- § 66452.26 The expiration date of any tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was…
- § 66452.27 (a) A legislative body located within the County of Butte, may extend the expiration date for up to 36 months of any tentative map, vesting tentative map, or…
ARTICLE 2.5. New Rental Housing: Conversion §§ 66452.50–66452.51 · 2 sections
- § 66452.50 (a) Notwithstanding any other provision of this division, a local agency may, upon application by a subdivider, in connection with the approval of a tentative…
- § 66452.51 Prior to the acceptance of any rent or deposit from a prospective tenant, the following notice shall be provided: To the prospective occupant(s) of ________:…
ARTICLE 3. Review of Tentative Map by Other Agencies §§ 66453–66455.9 · 7 sections
- § 66453 (a) A local agency may make recommendations concerning proposed subdivisions in any adjoining city, or in any adjoining unincorporated territory for any…
- § 66454 Any subdivider may file with a city the tentative map of a proposed subdivision of unincorporated territory adjacent to such city. The map, in the discretion…
- § 66455 (a) The Department of Transportation may file with the legislative body of any local agency having jurisdiction, a map or an amended map of any territory…
- § 66455.1 (a) The Department of Water Resources may file with the legislative body of any local agency having jurisdiction, a map or amended map of any territory within…
- § 66455.3 Not later than five days after a city or county has determined that a tentative map application for a proposed subdivision, as defined in Section 66473.7, is…
- § 66455.7 (a) Within five days of a tentative map application being determined to be complete pursuant to Section 65943, the local agency shall send a notice of this…
- § 66455.9 Whenever there is consideration of an area within a development for a public schoolsite, the advisory agency shall give the affected districts and the State…
ARTICLE 4. Final Maps §§ 66456–66462.5 · 8 sections
- § 66456 After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included…
- § 66456.1 Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: (a) the…
- § 66456.2 (a) An improvement plan being processed in conjunction with either an approved tentative, parcel, or final map shall be prepared by a registered civil engineer…
- § 66457 (a) A final map or parcel map conforming to the approved or conditionally approved tentative map, if any, may be filed with the legislative body for approval…
- § 66458 (a) The legislative body shall, at the meeting at which it receives the map or, at its next regular meeting after the meeting at which it receives the map,…
- § 66459 (a) If a final map has been approved for a condominium project, community apartment project, or stock cooperative project, and the subdivider or subsequent…
- § 66462 (a) If, at the time of approval of the final map by the legislative body, any public improvements required by the local agency pursuant to this division or…
- § 66462.5 (a) A city, county, or city and county shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition…
ARTICLE 5. Parcel Maps §§ 66463–66463.5 · 3 sections
- § 66463 (a) Except as otherwise provided for in this code, the procedure for processing, approval, conditional approval, or disapproval and filing of parcel maps and…
- § 66463.1 Multiple parcel maps filed pursuant to Section 66426 relating to an approved or conditionally approved tentative map may be filed prior to the expiration of…
- § 66463.5 (a) When a tentative map is required, an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or…
ARTICLE 6. Filing Maps With County Recorder §§ 66464–66468.2 · 7 sections
- § 66464 (a) Unless otherwise provided by the county, if the final map or parcel map is not subject to Section 66493, after the approval by the city of a final map of a…
- § 66465 The subdivider shall present to the county recorder evidence that, at the time of the filing of the final or parcel map in the office of the county recorder,…
- § 66466 (a) The county recorder shall have not more than 10 days within which to examine a final or parcel map and either accept or reject it for filing. (b) If the…
- § 66467 This chapter shall not prevent filing in the office of the county recorder of a final or parcel map of a subdivision for which a final or parcel map is not…
- § 66468 The filing for record of a final or parcel map by the county recorder shall automatically and finally determine the validity of such map and when recorded…
- § 66468.1 Whenever separate documents are to be recorded concurrently with the final or parcel map pursuant to Section 66435.1 or 66445, the county recorder shall…
- § 66468.2 The board of supervisors may, by resolution, authorize any county officer to: (a) Perform the duties required of the clerk of the board of supervisors under…
ARTICLE 7. Correction and Amendment of Maps §§ 66469–66472.1 · 5 sections
- § 66469 After a final map or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map for any of…
- § 66470 The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall…
- § 66471 (a) If the subdivision is in unincorporated territory, the county surveyor shall examine the amending map or certificate of correction and if the only changes…
- § 66472 The amending map or certificate of correction certified by the county surveyor, city surveyor, or city engineer shall be filed or recorded in the office of the…
- § 66472.1 In addition to the amendments authorized by Section 66469, after a final map or parcel map is filed in the office of the county recorder, the recorded final…
CHAPTER 4. Requirements §§ 66473–66498 · 76 sections
ARTICLE 1. General §§ 66473–66474.10 · 19 sections
- § 66473 A local agency shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by this division or local ordinance enacted…
- § 66473.1 (a) The design of a subdivision for which a tentative map is required pursuant to Section 66426 shall provide, to the extent feasible, for future passive or…
- § 66473.3 The legislative body of a city or county may, by ordinance, require the design of a subdivision for which a tentative map or parcel map is required pursuant to…
- § 66473.5 No local agency shall approve a tentative map, or a parcel map for which a tentative map was not required, unless the legislative body finds that the proposed…
- § 66473.6 Whenever a city or county imposes as a condition to its approval of a tentative map or a parcel map a requirement that necessitates replacing, undergrounding,…
- § 66473.7 (a) For the purposes of this section, the following definitions apply: (1) “Subdivision” means a proposed residential development of more than 500 dwelling…
- § 66474 A legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of…
- § 66474.01 Notwithstanding subdivision (e) of Section 66474, a local government may approve a tentative map, or a parcel map for which a tentative map was not required,…
- § 66474.02 (a) Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very…
- § 66474.1 A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds…
- § 66474.2 (a) Except as otherwise provided in subdivision (b) or (c), in determining whether to approve or disapprove an application for a tentative map, the local…
- § 66474.3 (a) If the legislative body of a city or county finds, based upon substantial evidence in the record, that any project for which a tentative map or a vesting…
- § 66474.4 (a) The legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it finds…
- § 66474.5 (a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, the legislative body of each city and…
- § 66474.6 The governing body of any local agency shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system…
- § 66474.7 The responsibilities of the governing body under the provisions of Sections 66473.5, 66474, 66474.1 and 66474.6 may be assigned to an advisory agency or appeal…
- § 66474.8 No ordinance, regulation, policy, or procedure which regulates or prescribes standards for grading or drainage, adopted by or applicable to a local agency…
- § 66474.9 (a) Except as provided in subdivision (b), a local agency may not require, as a condition for a tentative, parcel, or final map application or approval, that…
- § 66474.10 If the legislative body or advisory agency determines that engineering or land surveying conditions are to be imposed on a tentative map or a parcel map for…
ARTICLE 2. Advisory Agencies §§ 66474.60–66474.64 · 5 sections
- § 66474.60 (a) In cities having a population of more than 2,800,000, the design, improvement and survey data of subdivisions and the form and content of tentative and…
- § 66474.61 In cities having a population of more than 2,800,000, the advisory agency, appeal board or legislative body shall deny approval of a tentative map, or a parcel…
- § 66474.62 In cities having a population of more than 2,800,000, a legislative body shall not deny approval of a final subdivision map pursuant to Section 66474.61 if it,…
- § 66474.63 In cities having a population of more than 2,800,000, the advisory agency, appeal board or legislative body shall determine whether the discharge of waste from…
- § 66474.64 In cities having a population of more than 2,800,000, if the legislative body authorizes the advisory agency to report its action directly to the subdivider,…
ARTICLE 3. Dedications §§ 66475–66478 · 11 sections
- § 66475 There may be imposed by local ordinance a requirement of dedication or irrevocable offer of dedication of real property within the subdivision for streets,…
- § 66475.1 Whenever a subdivider is required pursuant to Section 66475 to dedicate roadways to the public, the subdivider may also be required to dedicate additional land…
- § 66475.2 (a) There may be imposed by local ordinance a requirement of a dedication or an irrevocable offer of dedication of land within the subdivision for local…
- § 66475.3 For divisions of land for which a tentative map is required pursuant to Section 66426, the legislative body of a city or county may by ordinance require, as a…
- § 66476 There may be imposed by local ordinance a requirement that dedications or offers of dedication of streets include a waiver of direct access rights to any such…
- § 66477 (a) The legislative body of a city or county may, by ordinance, require the dedication of land or impose a requirement of the payment of fees in lieu thereof,…
- § 66477.1 (a) At the time the legislative body or the official designated pursuant to Section 66458 approves a final map, the legislative body or the designated official…
- § 66477.2 (a) If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus…
- § 66477.3 Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the county recorder or a resolution of…
- § 66477.5 (a) The local agency to which property is dedicated in fee for public purposes, or for making public improvements or constructing public facilities, other than…
- § 66478 Whether by request of a county board of education or otherwise, a city or county may adopt an ordinance requiring any subdivider who develops or completes the…
ARTICLE 3.5. Public Access to Public Resources §§ 66478.1–66478.14 · 14 sections
- § 66478.1 It is the intent of the Legislature, by the provisions of Sections 66478.1 through 66478.10 of this article to implement Section 4 of Article X of the…
- § 66478.2 The Legislature finds and declares that the public natural resources of this state are limited in quantity and that the population of this state has grown at a…
- § 66478.3 The Legislature further finds and declares that it is essential to the health and well-being of all citizens of this state that public access to public natural…
- § 66478.4 (a) No local agency shall approve either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, river, or stream which…
- § 66478.5 (a) No local agency shall approve either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, river, or stream which…
- § 66478.6 Any public access route or routes and any easement along the bank of a public waterway, river, or stream provided by the subdivider shall be expressly…
- § 66478.7 Nothing in this article shall be construed to limit any powers or duties in connection with or affect the operation of beaches or parks in this state or to…
- § 66478.8 Nothing in Sections 66478.1 to 66478.10, inclusive, of this article shall require a local agency to disapprove either a tentative or final map solely on the…
- § 66478.9 Nothing in Section 66478.5 shall apply to the site of electric power generating facilities.
- § 66478.10 Nothing in Sections 66478.1 through 66478.10 of this article shall apply to industrial subdivisions.
- § 66478.11 (a) No local agency shall approve either the tentative or the final map of any subdivision fronting upon the coastline or shoreline which subdivision does not…
- § 66478.12 (a) No local agency shall approve either the tentative or the final map of any subdivision fronting upon any lake or reservoir which is owned in part or…
- § 66478.13 No local agency shall issue any permit or grant any approval necessary to develop any real property which is excluded from regulation under this division as a…
- § 66478.14 Nothing in this article shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of…
ARTICLE 4. Reservations §§ 66479–66482 · 4 sections
- § 66479 There may be imposed by local ordinance a requirement that areas of real property within the subdivision be reserved for parks, recreational facilities, fire…
- § 66480 The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to…
- § 66481 If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically…
- § 66482 The authority granted by this article is additional to all other authority granted by law to local agencies relating to subdivisions and shall in no way be…
ARTICLE 5. Fees §§ 66483–66484.9 · 8 sections
- § 66483 There may be imposed by local ordinance a requirement for the payment of fees for purposes of defraying the actual or estimated costs of constructing planned…
- § 66483.1 After completion of the facilities and the payment of all claims from any “planned local drainage facilities fund” or any “planned local sanitary sewer fund,”…
- § 66483.2 Any surplus remaining shall be refunded as follows: (a) There shall be refunded to the current owners of property for which a fee was previously collected, the…
- § 66484 (a) A local ordinance may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of…
- § 66484.3 (a) Notwithstanding Section 66007, the Board of Supervisors of the County of Orange and the city council or councils of any city or cities in that county may,…
- § 66484.5 (a) The legislative body of a local agency may adopt an ordinance requiring the payment of a fee as a condition of approval of a subdivision requiring a final…
- § 66484.7 (a) A local ordinance may require the payment of a fee, subject to the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing…
- § 66484.9 The authorizations granted by this article are additional to all other authority granted by law to local agencies relating to subdivisions and shall in no way…
ARTICLE 6. Reimbursement §§ 66485–66489 · 5 sections
- § 66485 There may be imposed by local ordinance a requirement that improvements installed by the subdivider for the benefit of the subdivision shall contain…
- § 66486 In the event of the installation of improvements required by an ordinance adopted pursuant to Section 66485, the local agency shall enter into an agreement…
- § 66487 In order to pay the costs as required by the reimbursement agreement, the local agency may: (a) Collect from other persons, including public agencies, using…
- § 66488 Any local agency within a local drainage or sanitary sewer area may adopt the plan and map designated in Section 66483 and impose a reasonable charge on…
- § 66489 Any local agency may establish an area of benefit pursuant to Section 66484 and may impose a reasonable charge on property within the area which in the opinion…
ARTICLE 7. Soils Report §§ 66490–66491 · 2 sections
- § 66490 A preliminary soils report, prepared by a civil engineer registered in this state, and based upon adequate test borings, shall be required for every…
- § 66491 With respect to the soils report, a local ordinance may provide that: (a) The preliminary soils report may be waived if the local agency determines that, due…
ARTICLE 8. Taxes and Assessments §§ 66492–66494.1 · 4 sections
- § 66492 Prior to the filing of the final map or parcel map with the legislative body, the subdivider shall, in accordance with procedures established by the county,…
- § 66493 (a) Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map or…
- § 66494 (a) If the taxes or special assessments are allowed to become delinquent, the county shall recover from the security the principal sum of the security without…
- § 66494.1 The board of supervisors may, by resolution, authorize any county officer to perform the duties required of the clerk of the board of supervisors under this…
ARTICLE 9. Monuments §§ 66495–66498 · 4 sections
- § 66495 At the time of making the survey for the final map or parcel map unless the survey is not required pursuant to Section 66448, the engineer or surveyor shall…
- § 66496 Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or…
- § 66497 (a) Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider, and to…
- § 66498 In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the…
CHAPTER 4.5. Development Rights §§ 66498.1–66498.9 · 9 sections
- § 66498.1 (a) Whenever a provision of this division requires that a tentative map be filed, a vesting tentative map may instead be filed. (b) When a local agency…
- § 66498.2 If the ordinances, policies, or standards described in subdivision (b) of Section 66498.1 are changed subsequent to the approval or conditional approval of a…
- § 66498.3 (a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at…
- § 66498.4 Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the…
- § 66498.5 (a) If a subdivider does not seek the rights conferred by this chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for…
- § 66498.6 (a) This chapter does not enlarge, diminish, or alter the types of conditions which may be imposed by a local agency on a development, nor in any way diminish…
- § 66498.7 (a) Until December 31, 1987, this chapter shall apply only to residential developments. (b) On and after January 1, 1988, an ordinance adopted pursuant to…
- § 66498.8 (a) On or before January 1, 1986, a city, county, or city and county shall adopt ordinances or resolutions necessary or appropriate for the implementation of…
- § 66498.9 By the enactment of this article, the Legislature intends to accomplish all of the following objectives: (a) To establish a procedure for the approval of…
CHAPTER 5. Improvement Security §§ 66499–66499.10 · 11 sections
- § 66499 (a) Whenever this division or a local ordinance authorizes or requires the furnishing of security in connection with the performance of any act or agreement,…
- § 66499.1 Except as provided in Section 66499.3, a bond or bonds by one or more duly authorized corporate sureties to secure the faithful performance of any agreement…
- § 66499.2 A bond or bonds by one or more duly authorized corporate sureties for the security of laborers and material suppliers shall be in substantially the following…
- § 66499.3 Security to guarantee the performance of any act or agreement shall be in the following amounts: (a) An amount determined by the legislative body, not less…
- § 66499.4 As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable…
- § 66499.5 If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the local agency at its option may provide by…
- § 66499.6 Such money, negotiable bond or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment…
- § 66499.7 The security furnished by the subdivider shall be released in whole or in part in the following manner: (a) Security given for faithful performance of any act…
- § 66499.8 In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the local agency shall…
- § 66499.9 Any liability upon the security given for the faithful performance of any act or agreement shall be limited to: (a) The performance of the work covered by the…
- § 66499.10 Where the security is conditioned upon the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for…
CHAPTER 6. Reversions and Exclusions §§ 66499.11–66499.29 · 22 sections
ARTICLE 1. Reversion to Acreage §§ 66499.11–66499.20.3 · 13 sections
- § 66499.11 Subdivided real property may be reverted to acreage pursuant to the provisions of this article.
- § 66499.12 (a) Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real…
- § 66499.13 The petition shall be in a form prescribed by the local agency and shall contain the following: (a) Adequate evidence of title to the real property within the…
- § 66499.14 The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for…
- § 66499.15 A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in Section 66451.3.
- § 66499.16 Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) Dedications or offers of dedication to be vacated or abandoned…
- § 66499.17 As conditions of reversion the legislative body shall require: (a) Dedications or offers of dedication necessary for the purposes specified by local ordinance…
- § 66499.18 Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown…
- § 66499.19 When a reversion is effective, all fees and deposits shall be returned to the current owner of the property and all improvement security released, except those…
- § 66499.20 A tax bond shall not be required in reversion proceedings.
- § 66499.20.1 A city or county may, by ordinance, authorize a parcel map to be filed under the provisions of this chapter for the purpose of reverting to acreage land…
- § 66499.20.2 Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as…
- § 66499.20.3 A city or county may, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage. The ordinance shall require…
ARTICLE 2. Exclusions §§ 66499.21–66499.29 · 9 sections
- § 66499.21 The superior court of the county in which a subdivision is situated may cause all or any portion of the real property included within the boundaries of the…
- § 66499.22 A proceeding for exclusion shall be initiated by filing a petition therefor in the offices of the county surveyor and clerk of the board of supervisors of the…
- § 66499.23 The petition shall be accompanied by a new map showing the boundaries of the subdivision as it appears after the exclusion and alteration. The new map shall…
- § 66499.24 Upon the filing of a petition pursuant to this article, any judge of the superior court of the county in which the real property is situated shall make an…
- § 66499.25 The court may, if no objection has been filed, proceed without further notice to hear the petition. If during the hearing the petitioners produce to the court…
- § 66499.26 If objection is made to the petition which, in the judgment of the court is material, the court shall proceed to hear such objection and may adjourn the…
- § 66499.27 The exclusion of any real property or the alteration or vacation of any recorded map pursuant to this article shall not affect or vacate the whole or any part…
- § 66499.28 A certified copy of the decree of the superior court excluding any real property or ordering the alteration or vacation of any recorded map pursuant to this…
- § 66499.29 At the time a certified copy of the decree of court is recorded, a copy of the new map required by Section 66499.23 shall be filed for record with the county…
CHAPTER 7. Enforcement and Judicial Review §§ 66499.30–66499.38 · 9 sections
ARTICLE 1. Prohibition and Penalty §§ 66499.30–66499.31 · 2 sections
- § 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…
- § 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…
ARTICLE 2. Remedies §§ 66499.32–66499.36 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Judicial Review §§ 66499.37–66499.38 · 2 sections
- § 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…
- § 66499.38 Any action brought in the superior court relating to this division may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with…
CHAPTER 8. The Starter Home Revitalization Act of 2021 §§ 66499.40–66499.41 · 2 sections
- § 66499.40 (a) A development proponent may submit an application that allows development of small home lot development, as defined in subdivision (b). (b) A small home…
- § 66499.41 (a) A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development…