CHAPTER 3. Procedure [66451. - 66472.1.]
Chapter 3 added by Stats. 1974, Ch. 1536.
§§ 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…