SUBDIVISION MAP ACT

1 1 SUBDIVISION MAP ACTas amended January 1, 2002 Sections 66410 to CodeState of CaliforniaPublished ByCALIFORNIA LAND SURVEYORS ASSOCIATION, Box 9098, Santa Rosa, California 95405-9990 PHONE (707) 578-6016 FAX (707)578-4406 EMAIL: publication is produced annually as a service to the members of the California Land Surveyors Association, order this publication, contact the address listed section titles are not part of the law, but are provided for the reader s ease of reference and type indicates changes adopted during the 2001 legislative is not a publication of the State of California. Copyright 2002 California Land Surveyors Association, of ContentsSUBDIVISION MAP ACTDIVISION 2. SUBDIVISIONSCHAPTER 1. GENERAL PROVISIONS AND DEFINITIONSARTICLE 1. GENERAL Map Act Name Cited .. Control of Common Interest Developments and SUBDIVISION Designand Improvement; Short Term Leases .. for Divisions Not Subdivisions of Five or More Lots;Construction for Dedications and Improvements for Judicial Partitions.

2 Of Division; Exclusions .. Inapplicable to Financing or Leasing of Commercial or Industrial Buildings .. , Financing, or Leasing Exceptions for Specified Dwelling Units .. Needs of Region; Effect of Ordinances; Consideration .. of Division; Exclusion .. of Lawful Creation of Certain Parcels .. of Establishment of Subdivisions .. and Final Map Provisions Affected by Annexation to a City .. Incorporated into Newly Incorporated City, Approvalof Final Map; Rights of Newly Incorporated City .. 4 ARTICLE 2. of Definitions .. Agency Defined .. Board Defined .. Engineer Defined .. Surveyor Defined .. Defined .. Defined .. Defined .. Agency Defined .. Ordinance Defined .. of Exception Defined .. Defined .. Defined .. for Resubdivision Prior to Equalized County Assessment Rolls;Consecutive Subdivisions by Same Owner .. Map and Vesting Tentative Map Defined .. Remainder or Omitted Parcel; Requirements; Election.

3 7 CHAPTER 2. MAPSARTICLE 1. GENERAL of Chapter .. of Tentative and Final Maps .. to Governmental Agencies, Public Entities or Public Utilitiesfor Rights-of-Way; Computing Number of Parcels .. of Condominium, Community Apartment Project, Stock Cooperative Project;Three-Dimensional Portions .. of Residential Real Property to Condominium, Community Apartmentor Stock Cooperative Project; Prerequisites to Approval of Final Map .. Agency Authority Relative to Tentative Map for Conversion of Existing Buildings .. of Mobilehome Park; Filing Report of Impact of ConversionUpon Displaced Residents with Maps; Mitigation of Adverse Impact .. Created with Mobilehome Park Purchase Fund Money;Avoidance of Economic Displacement of Nonpurchasing Residents .. and Parcel Maps; Waiver by Local Ordinance; Exceptions; Options .. Map or Tentative and Final Map; Waiver by Intent of Tenants to Convert toResident Ownership; Exceptions; Petition; Application; Improvements; UnsecuredImprovement Agreement; Denial of Application.

4 Final and Parcel Maps .. to Filing .. Surveyor Performing Duties of City Engineer; Agreement; Statement .. 12 ARTICLE 2. FINAL and Form of Final Maps .. and Contents .. for Notice of Owner s Development Lien on Final Map .. Information shall be Filed or Recorded Simultaneously with a Finalor Parcel Map if Required by Local Ordinance .. and/or Geologic Reports shall be Kept on File for Public Inspection .. , Statements, and Acknowledgments; Appearance; Combination .. , Statements, and Acknowledgments; Separate Instrument; Recording .. , Statement, or Acknowledgement by Separate Instrument shall be Referenced on Final Map .. of Consent; Necessity; Exceptions; Nonliability for Omission of Signature;Notary of Dedications or Offers to Dedicate; Undedicated Streets; Public Utility Facilities .. of Approval and Acceptance Required of Legislative Body .. of Engineer or Surveyor .. or Statement by County Surveyor or City Engineer; Qualificationsor Authorizations to Certify.

5 Statement .. Certificates and Acknowledgments .. 16 ARTICLE 3. PARCEL and Form of Parcel Maps .. ; Required Provisions .. or Offers; Making by Statement on Map or Separate Instrument; Recording .. Map to be Based on a Field Survey or Compiled from Record Data .. Statements .. or Statement by City Engineer or County Surveyor; Contents; Filing Date .. 18 CHAPTER 3. PROCEDUREARTICLE 1. GENERAL Governing the Processing of Tentative, Final and Parcel Maps .. Limits Extended by Mutual Consent; Provisions for Local Agency to MeetTime Limits by Hiring Private Entities .. Agency may Establish Reasonable Fees for Processing Maps and Other Procedures .. Requirements for Public Hearings .. Applications; Disapprovals in Order to Comply with Chapter Time Limits .. Agency; Prohibition of Fee as Condition to Approval of the Map for Conversionof Mobilehome Park to Condominium or Stock Cooperative Ownership .. Exception and Waiver Applications; Agency Action Upon Completion.

6 20 ARTICLE MERGER OF and Unmerging of Previously Merged Parcels .. Parcels; Requirements for Merger with Same Ownership; Ordinances;Determination of Ownership; Application of SUBDIVISION .. Recordation of Notice .. of Intention to Merge; Determination of Status and Opportunity for Hearing .. for Hearing on Determination of Status .. ; Time, Date and Place .. of Merger or Non-merger Following Hearing .. of Merger or Unmerger when No Hearing is Requested .. for Release of Notice of Intention to Determine Status .. for Notice of Merger .. for Counties to Record Notices of Merger .. for Resolution of Intention and Notice of Adoption for Amendment of Merger Ordinance .. of Merger Ordinances; Resolution; Hearing; Notice .. County; Agricultural Land Use; Undeveloped Substandard Parcels; Adoption of Ordinances .. Meetings; Proposed Ordinances Relating to Underdeveloped Substandard Parcels .. 24 ARTICLE UNMERGER OF Criteria and Conditions.

7 Continued Merger Criteria .. for Notice of Continued Merger .. to Local Agency for Determination of Merger or Unmerger .. Agency to Issue Notice to Owner .. for Determination of Parcel Status .. 26 ARTICLE 2. TENTATIVE Agency or Designee to Accept Filing of Tentative Map or Vesting Tentative Map .. for Advisory Agency to Act within 50 Days .. Body Time Limits .. for Reports by Local Agency Staff to be Served on Subdivider and TenantsThree Days Prior to Hearing or Action .. Map Deemed Approved if Local Agency Takes No Action .. for Appeals by Subdivider, Advisory Agency and Interested Persons .. Map Approval Time Limits; Moratoriums and Lawsuits Effect UponApproval Of Time Limits; Time Extensions .. for Subdivider to Give Notice of Intent to Convert to Prospective Tenants .. for Subdivider to Give Notice of Intent to Convert to Existing Tenants .. for Owners to Vote to Convert Stock Cooperative or CommunityApartment Project to Condominiums.

8 SUBDIVISION Map or Parcel Map; Expiration Date Extension; Development Project Approval .. of Permits; Imposition of Conditions or Requirements for Issuanceof Building Permit or Equivalent .. Date Extended 12 Months .. 32 ARTICLE NEW RENTAL HOUSING: for Local Agency to Enter into an Agreemen with Subdivider to Make Availableas Rental Housing a Proposed Condominium Development .. for Notice of Intent to Convert Condominiums to Prospective Tenants .. 32 ARTICLE 3. REVIEW OF TENTATIVE MAP BY OTHER Map of Proposed Subdivisions in Adjoining City or Unincorporated Territory;Receipt; Transmission of Copy; Recommendations .. of Tentative Maps Prior to Annexation .. Map of Subdivisions Affecting Existing or Future Highways; Receipt;Transmission of Copy; Recommendations .. Map of State Water Resources Development Facility; Receipt; Tentative Mapsof Proposed Subdivisions; Recommendations .. Water Systems .. to Schools and School Districts; Recommendations by District.

9 Schoolsites; Written Notice; Investigation and Report; Acquisition ..34 ARTICLE 4. FINAL may Cause the Surveying and Preparation of a Final Map .. Final Maps may be Filed from One Tentative Map .. Limits for Improvement Plans and Extensions .. Map or Parcel Map Effective Filing Date .. Body Time Limits on Final and Parcel Maps .. to Prospective Tenants of Final Map Approval for Common Interest Developments;Notice to Tenant of Intention to Sell Unit; Tenant s Right of First Refusal .. for Improvement Agreements Between Subdivider and Local Agency .. Map Approval shall not be Refused Because of Offsite Improvement Requirementson Land which the Local Agency or Subdivider has not Title, Interest, Easement, or License .. 37 ARTICLE 5. PARCEL with Local Ordinances; Application of Other Laws; Time Limits .. Parcel Maps .. of Tentative Map; Effect; Extension of Time; Appeal from Denial of Extension;Development Moratorium; Pending Lawsuits.

10 38 ARTICLE 6. FILING MAPS WITH COUNTY Clerk shall Transmit Final Map to County Recorder .. of Record Title Interests shall be Provided to Recorder by the Subdividerat Time of Recording .. shall Examine Map within 10 Days; Requirements for Indexing and Filing of Maps .. Chapter shall not Prevent the Filing of a Final or Parcel Map .. of Final Map by Recorder Finally Determines the Validity of Map; Imparts Constructive Notice .. Documents Recorded Concurrently with Final or Parcel Map Cross-Referencedby County Recorder .. of Clerk s Duties to any County Officer .. 40 ARTICLE 7. CORRECTION AND AMENDMENT OF or Parcel Maps may be Amended by a Certificate of Correction or Amending Map .. for Preparation of an Amending Map and Certificate of Correction;County Surveyor shall Maintain an Index .. for County Surveyor or City Engineer to Examine Amending Mapor Certificate of Correction .. Map or Certificate of Correction shall be Filed; Imparts Constructive Notice.