Subdivision Map Act - California Landsurveyors …

1 Subdivision Map Act 1980 Subdivision MAP ACT. CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS. ARTICLE 1. General Provisions I. ARTICLE 2. Definitions.. 2. CHAPTER 2. MAPS. ARTICLE 1. General Provisions 5. ARTICLE 2. Final Maps. 8. ARTICLE 3. Parcel Maps 12. CHAPTER 3. PROCEDURE. ARTICLE 1. General Provisions .. 15. ARTICLE 2. Tentative Maps .. 15. ARTICLE 3. Review of Tentative Map by Other Agencies 18. ARTICLE 4. Final Maps.. 20. ARTICLE 5. Parcel Maps .. 22. ARTICLE 6. Filing Maps with County Recorder.. 23. ARTICLE 7. Correction and Amendment of Maps . 24 . CHAPTER 4. REQUIREMENTS. ARTICLE 1. General .. 25. ARTICLE 2. Advisory Agencies .. 27. ARTICLE 3. Dedications.. 29. ARTICLE Public Access to Public Resources 34. ARTICLE 4. Reservations 38. ARTICLE 5. Fees 39. ARTICLE 6. Reimbursement 46. ARTICLE 7. Soils Report 47. ARTICLE 8. Taxes and Assessments . 48. ARTICLE 9.

2 Monuments .. 49. CHAPTER 5. IMPROVEMENT SECURITY. CHAPTER 5. Improvement Security.. 50. CHAPTER 6. REVERSIONS AND EXCLUSIONS. ARTICLE 1. Reversion to Acreage .. 55. ARTICLE 2. Exclusions .. 57. CHAPTER 7. ENFORCEMENT AND JUDICIAL REVIEW. ARTICLE 1. Prohibition and Penalty. 59. ARTICLE 2. Remedies 59. ARTICLE 3. Judicial Review 62. i HISTORY. The Subdivision Map Act was originally a part of the Business &. Professions Code until it was recodified into the Government Code, ef- fective March 1, 1975, through provisions of SB 977, Chapter 1536, Statutes of 1974. The effective date for recodification was delayed until March 1, 1975 in order to give cities and counties sufficient time to conform tlteir local ordinances to the new law. In the meantime some problem areas occurred with interpretations of the new law, and it became necessary to further clarify those provisions in question, especially the status of maps approved prior to March 1, 1975 under provisions of the old Subdivision Map Act.

3 As a result, SB 39 was introduced during the 1975-76 Legislative Session to permit the necessary amendments to be made. It was subsequently enacted by the Legislature and signed by the Governor, as an Urgency Statute, on April 4, 1975, becoming law the same day (Chapter 24, Statutes of 1975). The following Sections were amended by SB 39: 664-26, 664-39, 66H9, 664-50, 664-55, 66464-, 664-74-, 664-7+.1, , 664-77, , , , , , 664-84, " , and In summary, provisions of the 1974 Subdivision Map Act became effective March 1, 1975, and provisions of SB 39 (Chapter 24, Statutes of 1975), which amended the 1974 Subdivision Map Act, became effective April 4, 1975. Further amendments enacted during 1975 were: 1) SB 355, Chapter 365, Statutes of 1975, which amended Section 664-83 and added Sections and effective January 1, 1976; 2) SB 925, Chapter 491, Statutes of 1975, which amended and added Section effective January 1, 1976; 3) AB 966, Chapter 201, Statutes of 1975, which amended Section ; and 4) AB 2462, now Chapter 862, Statutes of 1975, which also amends Section and supersedes AB 966, Chapter 201, as an urgency statute effective September 18, 1975.

4 The following amendments were enacted in 1976: 1) SB 1806, Chapter 1263, Statutes of 1976, which amended Sections 66424- and 66H5 (66H5 in this bill supersedes AB 284-2, Chapter 928, Statutes of 1976, Section 66H5) effective January 1, 1977; 2) AB 1341, Chapter 5, Statutes of 1976, which added Section effective Janauary 1, 1977; 3) AB 2342, Chapter 21, Statutes of 1976, which amended Section 66473 effective January 1, 1977; 4) AB 2381, Chapter 92, Statutes of 1976, amended Section 66412 effective January 1, 1977; 5) AB 2618, Chapter 660, Statutes of 1976, amended Sections 66423, 66H9, 664-69, and 66495, and added Section effective January 1, 1977; 6). AB 284-2, Chapter 928, Statutes of 1976, amended Sections 66+11, 66428, 664-36, 66H5 (superseded by SB 1806), , , , and added Sections , , and effective January 1, 1977; 7) AB 3153, Chapter 890, Statutes of 1976, which added Section effective January 1, 1977.

5 The following amendments were enacted in 1977: 1) AB 153, Chapter 234, Statutes of 1977, which amended Sections , 66412, 66424, , , 66428, 664-36, 66463, 66469, 66470, 66495, ii , , , and added Section ')<\ effective July 7, 1977; 2) AB 716, Chapter 4 12, Statutes of 1977, which added Section effective January 1, 1978; 3) AB 1333, Chapter 561, Statutes of 1977, which amended Section 66477, effective January 1, 1978; 4) SB 239, Chapter 883, Statutes of 1977, which amended Section , effective January 1, 1978; 5) SB 1168, Chapter 923, Statutes of 1977, which added Section 664 effective January 1, 1978. The following amendments were enacted in 1978: 1) AB 1858, Chapter 88, Statutes of 1978, which amended Section 66426, effective January 1, 1979; 2) AB 2032, Chapter 340, Statutes of 1978, which amended Section 66464, effective January 1, 1979; 3) AB 2414, Chap- ter 338, Statutes of 1978, which added Section , effective Jan- uary 1, 1979; 4) AB 2425, Chapter 335, Statutes of 1978, which amend- ed Section 66449, effective January 1, 1979; 5) AB 2735, Chapter 244-, Statutes of 1978, which amended Section 66498, effective January 1, 1979; 6) AB 3178, Chapter 1105, Statutes of 1978, which amended Section 66',99, effective January 1, 1979; 7) AB 3250, Chapter 1154, Statutes of 1978, which added Sections and , effective January 1, 1979; 8) AB 3357, Chapter ',26, Statutes of 1978, which amended Section 6644 5, effective January 1, 1979.

6 9) AB 3653, Chap- ter 709, Statutes of 1978, which amended Section 66477, effective J an- ualY 1, 1979; 10) SB 1308, Chapter 521, Statutes of 1978, which amend- ed Section 66434 and added Section 66434 .5, effective January 1, 1979;. 11) SB 1617, Chapter 209, Statutes of 1978, which amended Section 664 , effective June 5, 1978; 12) SB 2046, Chapter 620, Statutes of 1978, which added Section , effective Janumy 1, 1979. The following anlendments were enacted in 1979: 1) AB 8, Chapter 282, Statutes of 1979, added Section effective July 24 , 1979; 2). AB 619, Chapter 383, Statutes of 1979, which amended Sections 66426. (superseded by SB 823) , 66434, 6644-5, 66498 and added Section 66424,.6, effective JanualY 1, 1980; 3) SB 388, Chapter 309, Statutes of 1979, which amended Section 66465, effective January 1, 1980; 'I) SB 606, Chapter 947, Statutes of 1979, which added Section , effective January 1, 1980; 5) SB 823, Chapter 1192, Statutes of 1979, which amended Sections 6642+, 66426 (664-26 in this bill supersedes AB 619, Chapter 383, Statutes of 1979, Section 66426), 66427, , 66+ , , and 66477, effective January 1, 1980; 6) SB 1188, Chapter 297, Statutes of 1979, which amended Section 664 , effective July 25, 1979.

7 Iii DIVISION 2. SUBDIVISIONS. CHAPTER 1. GENERAL PROVISIONS AND. DEFINITIONS. ARTICLE I. GENERAL PROVISIONS. 66410. This division may he 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 ordinance regulate and control subdivisions for which this division requires a tentative and final or parcel map. Such ordinance shall specifically provide for proper grading and erosion con~. trol, including the prevention of sedimentation or damage to off-site property. Each local agency may by ordinance regulate and control other subdivisions, provided that such regulations are not luore restric- tive than the regulations for those subdivisions for which a tentative and final or parcel map arc required by this division, and provided further that such regulations shall not be applied to short-term leases (terminable by either party on not more than 30 days notice in writing).

8 Of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of such regulations to such short-term leases in such individual cases. [Amended, Chapter 928, Statutes of 1976]. Whenever a local ordinance requires improvements for a division of land which is not a Subdivision of five or more lots, such regulations shall be limited to the dedication of rights-of-way, ease- ments, and the construction of reasonable offsite and onsite improve~. mente; for the parcels being created. Requirements for the construction of such offsite and onsite improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, 01' by separate instrument and shall be recorded on, con~.

9 Currently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the local agency or, where provided by local ordinances, until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the local agency, except that in the absence of such an agreememt, a local agency may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the develop~. ment of a parcel upon a finding by the local agency that fulfilhnent of the construction requirements is necessary for reasons of: (I) The pnblic health and safety; or (2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

10 [Amended, Chapter 234, Statutes of 1977]. -1- 66412. This division shall be inapplieable to: (a) The finaneing or leasing of apartments, offiees, stores or similar space within apartment buildings, industrial buildings, com- mercial buildings, mobilehome parks or trailer parks;. (b) Mineral, oil or gas leases;. (c) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California . (d) A lot line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the local agency or advisory agency. (e) Boundary line or exchange agreements to which tjIe State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.