SECTIONS 66410-66413.5 - California Statutes

GOVERNMENT CODE

SECTION 66410-66413.5

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 ordinance, regulate and control the
initial design and improvement of common interest developments as
defined in Section 1351 of the Civil Code and subdivisions for which
this division requires a tentative and final or parcel map. In the
development, adoption, revision, and application of such ordinance,
the local agency shall comply with the provisions of Section 65913.2.
The ordinance shall specifically provide for proper grading and
erosion control, including the prevention of sedimentation or damage
to offsite property. Each local agency may by ordinance regulate and
control other subdivisions, provided that the regulations are not
more restrictive than the regulations for those subdivisions for
which a tentative and final or parcel map are required by this
division, and provided further that the regulations shall not be
applied to short-term leases (terminable by either party on not more
than 30 days' notice in writing) of a portion of the operating
right-of-way of a railroad corporation as defined 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 the regulations to those short-term leases in
individual cases.

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 regulations shall be limited
to the dedication of rights-of-way, easements, and the construction
of reasonable offsite and onsite improvements for the parcels being
created. Requirements for the construction of offsite and onsite
improvements shall be noticed by a statement on the parcel map, on
the instrument evidencing the waiver of the parcel map, or by a
separate instrument and shall be recorded on, concurrently with, or
prior to the parcel map or instrument of waiver of a parcel map being
filed for record.
(b) Notwithstanding Section 66428, fulfillment of the construction
requirements shall not be required until the time 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 the time
the construction of the improvements is required pursuant to an
agreement between the subdivider and the local agency, except that in
the absence of an agreement, a local agency may require fulfillment
of the 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 development of a parcel upon a
finding by the local agency that fulfillment of the construction
requirements is necessary for either of the following reasons:
(1) The public health and safety.
(2) The required construction is a necessary prerequisite to the
orderly development of the surrounding area.

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 pursuant to subdivision (b) and
pursuant to Section 872.040 of the Code of Civil Procedure, the local
agency approving the parcel map or final map may establish the
amount of any monetary exaction or any dedication or improvement
requirement authorized by law as a condition of approving the parcel
map or final map, but shall not require payment of the exaction, the
undertaking of the improvement, or posting of security for future
performance thereof and shall not accept any required offer of
dedication until the time specified in subdivision (b).
(b) This section applies to judicial partition of real property
which is subject to a contract under Article 3 (commencing with
Section 51240) of Chapter 7 of Part 1 of Division 1 of Title 5 and
which will remain subject to that contract subsequent to the filing
of the parcel map or final map. With respect to any parcel created by
a parcel map or final map subject to this section, payment of
exactions and acceptance of offers of dedication under this section
shall be deferred by the local agency until the contract terminates
or is canceled as to that parcel, except that no deferral is required
under this subdivision as to fees and assessments that are due and
payable for governmental services provided to the parcel prior to
termination or cancellation of the contract. The applicants for a
parcel map or final map subject to this section shall be personally
liable for performance of obligations deferred under this section at
the time they become due.

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 buildings, industrial buildings,
commercial buildings, mobilehome parks, or trailer parks.
(b) Mineral, oil, or gas leases.
(c) Land dedicated for cemetery purposes under the Health and
Safety Code.
(d) A lot line adjustment between four or fewer existing adjoining
parcels, where the land taken from one parcel is added to an
adjoining parcel, and where a greater number of parcels than
originally existed is not thereby created, if the lot line adjustment
is approved by the local agency, or advisory agency. A local agency
or advisory agency shall limit its review and approval to a
determination of whether or not the parcels resulting from the lot
line adjustment will conform to the local general plan, any
applicable specific plan, any applicable coastal plan, and zoning and
building ordinances. An advisory agency or local agency shall not
impose conditions or exactions on its approval of a lot line
adjustment except to conform to the local general plan, any
applicable specific plan, any applicable coastal plan, and zoning and
building ordinances, to require the prepayment of real property
taxes prior to the approval of the lot line adjustment, or to
facilitate the relocation of existing utilities, infrastructure, or
easements. No tentative map, parcel map, or final map shall be
required as a condition to the approval of a lot line adjustment. The
lot line adjustment shall be reflected in a deed, which shall be
recorded. No record of survey shall be required for a lot line
adjustment unless required by Section 8762 of the Business and
Professions Code. A local agency shall approve or disapprove a lot
line adjustment pursuant to the Permit Streamlining Act (Chapter 4.5
(commencing with Section 65920) of Division 1).
(e) Boundary line or exchange agreements to which the State Lands
Commission or a local agency holding a trust grant of tide and
submerged lands is a party.
(f) Any separate assessment under Section 2188.7 of the Revenue
and Taxation Code.
(g) The conversion of a community apartment project, as defined
in Section 1351 of the Civil Code, to a condominium, as defined in
Section 783 of the Civil Code, but only if all of the following
requirements are met:
(1) The property was subdivided before January 1, 1982, as
evidenced by a recorded deed creating the community apartment
project.
(2) Subject to compliance with subdivision (e) of Section 1351 of
the Civil Code, all conveyances and other documents necessary to
effectuate the conversion shall be executed by the required number of
owners in the project as specified in the bylaws or other
organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to
execute the conveyances and other documents, a majority of owners in
the project shall be required to execute the conveyances or other
documents. Conveyances and other documents executed under the
foregoing provisions shall be binding upon and affect the interests
of all parties in the project.
(3) If subdivision, as defined in Section 66424, of the property
occurred after January 1, 1964, both of the following requirements
are met:
(A) A final or parcel map of that subdivision was approved by the
local agency and recorded, with all of the conditions of that map
remaining in effect after the conversion.
(B) No more than 49 percent of the units in the project were owned
by any one person as defined in Section 17, including an
incorporator or director of the community apartment project, on
January 1, 1982.
(4) The local agency certifies that the above requirements were
satisfied if the local agency, by ordinance, provides for that
certification.
(h) The conversion of a stock cooperative, as defined in Section
1351 of the Civil Code, to a condominium, as defined in Section 783
of the Civil Code, but only if all of the following requirements are
met:
(1) The property was subdivided before January 1, 1982, as
evidenced by a recorded deed creating the stock cooperative, an
assignment of lease, or issuance of shares to a stockholder.
(2) A person renting a unit in a cooperative shall be entitled at
the time of conversion to all tenant rights in state or local law,
including, but not limited to, rights respecting first refusal,
notice, and displacement and relocation benefits.
(3) Subject to compliance with subdivision (e) of Section 1351 of
the Civil Code, all conveyances and other documents necessary to
effectuate the conversion shall be executed by the required number of
owners in the cooperative as specified in the bylaws or other
organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to
execute the conveyances and other documents, a majority of owners in
the cooperative shall be required to execute the conveyances or other
documents. Conveyances and other documents executed under the
foregoing provisions shall be binding upon and affect the interests
of all parties in the cooperative.
(4) If subdivision, as defined in Section 66424, of the property
occurred after January 1, 1980, both of the following requirements
are met:
(A) A final or parcel map of that subdivision was approved by the
local agency and recorded, with all of the conditions of that map
remaining in effect after the conversion.
(B) No more than 49 percent of the shares in the project were
owned by any one person as defined in Section 17, including an
incorporator or director of the cooperative, on January 1, 1982.
(5) The local agency certifies that the above requirements were
satisfied if the local agency, by ordinance, provides for that
certification.
(i) The leasing of, or the granting of an easement to, a parcel of
land, or any portion or portions thereof, in conjunction with the
financing, erection, and sale or lease of a windpowered electrical
generation device on the land, if the project is subject to
discretionary action by the advisory agency or legislative body.
(j) The leasing or licensing of a portion of a parcel, or the
granting of an easement, use permit, or similar right on a portion of
a parcel, to a telephone corporation as defined in Section 234 of
the Public Utilities Code, exclusively for the placement and
operation of cellular radio transmission facilities, including, but
not limited to, antennae support structures, microwave dishes,
structures to house cellular communications transmission equipment,
power sources, and other equipment incidental to the transmission of
cellular communications, if the project is subject to discretionary
action by the advisory agency or legislative body.
(k) Leases of agricultural land for agricultural purposes. As used
in this subdivision, "agricultural purposes" means the cultivation
of food or fiber, or the grazing or pasturing of livestock.
(l) The leasing of, or the granting of an easement to, a parcel of
land, or any portion or portions thereof, in conjunction with the
financing, erection, and sale or lease of a solar electrical
generation device on the land, if the project is subject to review
under other local agency ordinances regulating design and improvement
or, if the project is subject to other discretionary action by the
advisory agency or legislative body.
(m) The leasing of, or the granting of an easement to, a parcel of
land or any portion or portions of the land in conjunction with a
biogas project that uses, as part of its operation, agricultural
waste or byproducts from the land where the project is located and
reduces overall emissions of greenhouse gases from agricultural
operations on the land if the project is subject to review under
other local agency ordinances regulating design and improvement or if
the project is subject to discretionary action by the advisory
agency or legislative body.

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 of commercial or
industrial buildings on a single parcel, unless the project is not
subject to review under other local agency ordinances regulating
design and improvement.
(b) The financing or leasing of existing separate commercial or
industrial buildings on a single parcel.

66412.2. This division shall not apply to the construction,
financing, or leasing of dwelling units pursuant to Section 65852.1
or second units pursuant to Section 65852.2, but this division shall
be applicable to the sale or transfer, but not leasing, of those
units.

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 housing needs of the region
in which the local jurisdiction is situated and balance these needs
against the public service needs of its residents and available
fiscal and environmental resources.

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 buildings having a floor area of
less than 100 square feet.

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 to have been lawfully created if the
parcel resulted from a division of land in which fewer than five
parcels were created and if at the time of the creation of the
parcel, there was no local ordinance in effect which regulated
divisions of land creating fewer than five parcels.
(b) 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 to have been lawfully created if any
subsequent purchaser acquired that parcel for valuable consideration
without actual or constructive knowledge of a violation of this
division or the local ordinance. Owners of parcels or units of land
affected by the provisions of this subdivision shall be required to
obtain a certificate of compliance or a conditional certificate of
compliance pursuant to Section 66499.35 prior to obtaining a permit
or other grant of approval for development of the parcel or unit of
land. For purposes of determining whether the parcel or unit of land
complies with the provisions of this division and of local ordinances
enacted pursuant thereto, as required pursuant to subdivision (a) of
Section 66499.35, the presumption declared in this subdivision shall
not be operative.
(c) This section shall become operative January 1, 1995.

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 recordation of the final map or parcel map,
except that in the case of (1) maps filed for approval prior to March
4, 1972, and subsequently approved by the local agency or (2)
subdivisions exempted from map requirements by a certificate of
exception (or the equivalent) applied for prior to such date and
subsequently issued by the local agency pursuant to local ordinance,
the subdivision shall be deemed established on the date the map or
application for a certificate of exception (or the equivalent) was
filed with the local agency.

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 any requirement of this
division by reason of the failure to construct a roadway across the
property transferred to the state pursuant to subdivision (c) of
Section 21080.29 of the Public Resources Code and to construct a
bridge over the adjacent Ballona Channel in Los Angeles County,
otherwise required as a condition of approval of a vesting tentative
map or a tentative map, if all of the following conditions apply:
(1) The improvements specified in subdivision (a) are not
constructed, due in whole or in part, to the project owner's or
developer's relinquishment of easement rights to construct the
improvements.
(2) The easement rights specified in paragraph (1) are
relinquished in connection with the acquisition by the State of
California, acting by and through the Wildlife Conservation Board of
the Department of Fish and Game, of a wetlands project that is a
minimum of 400 acres in size and located in the coastal zone.
(b) Where the easement rights have been relinquished, any
municipal ordinance or regulation adopted by a charter city or a
general law city shall be inapplicable to the extent that the
ordinance or regulation requires construction of the transportation
improvements specified in subdivision (a), or would otherwise require
reprocessing or resubmittal of a permit or approval, including, but
not limited to, a final recorded map, a vesting tentative map, or a
tentative map, as a result of the transportation improvements
specified in subdivision (a) not being constructed.

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 project on the property if all of the
following conditions apply:
(1) The property to be leased shall not be more than five acres.
(2) The lease shall be for not less than 30 years.
(3) The lease shall be executed prior to January 1, 2017.

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 is thereafter annexed to a city, the
final map and any agreements relating to the subdivision shall
continue to govern the subdivision.
(b) When any area in a subdivision or proposed subdivision as to
which a tentative map or vesting tentative map has been filed but a
final map has not been finally approved, or as to which a parcel map
is required by this division or local ordinance but the final act
required to make the parcel map effective has not been taken, is
annexed to a city, all procedures and regulations required by this
division or by local ordinance of the annexing city shall be deemed
to commence as of the effective date of the annexation and the map
shall comply with the requirements of any applicable ordinance of the
city to which the area is annexed.

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 supervisors is incorporated into a newly
incorporated city, the newly incorporated city shall approve the
final map if it meets all of the conditions of the tentative map and
meets the requirements and conditions for approval of final maps as
provided in Article 4 (commencing with Section 66456), and other
requirements of this division.
(b) When any area in a subdivision or proposed subdivision as to
which a vesting tentative map meeting the criteria of this section
has been approved by a board of supervisors is incorporated into a
newly incorporated city, the newly incorporated city shall approve
the final map and give effect to the vesting tentative map as
provided in Chapter 4.5 (commencing with Section 66498.1), if the
final map meets all of the conditions of the vesting tentative map
and meets the requirements and conditions for approval of final maps
as provided in Article 4 (commencing with Section 66456), Chapter 4.5
(commencing with Section 66498.1), and other requirements of this
division.
(c) Notwithstanding subdivisions (a) and (b), the newly
incorporated city may condition or deny a permit, approval, or
extension, or entitlement if it determines either of the following:
(1) Failure to do so would place the residents of the subdivision
or the immediate community, or both, in a condition dangerous to
their health or safety, or both.
(2) The condition or denial is required, in order to comply with
state or federal law.
(d) The rights conferred by this section shall expire if a final
map application is not timely filed prior to the expiration of the
tentative or vesting tentative map. Prior to the approval of the
final map, the rights conferred by this section shall be subject to
the applicable time periods set forth in Section 66452.6, which shall
not exceed eight years from the date of the incorporation unless an
applicant and the newly incorporated city mutually agree to a longer
period provided by this division.
(e) An approved tentative map or vesting tentative map shall not
limit a newly incorporated city from imposing reasonable conditions
on subsequent required approvals or permits necessary for the
development, and authorized by the ordinances, policies, and
standards described in Section 66474.2.
(f) Except as otherwise provided in subdivision (g), this section
applies to any approved tentative map or approved vesting tentative
map that meets both of the following requirements:
(1) The application for the tentative map or the vesting tentative
map is submitted prior to the date that the first signature was
affixed to the petition for incorporation pursuant to Section 56704,
regardless of the validity of the first signature, or the adoption of
the resolution pursuant to Section 56800, whichever occurs first.
(2) The county approved the tentative map or the vesting tentative
map prior to the date of the election on the question of
incorporation.
(g) This section does not apply to any territory for which the
effective date of the incorporation is prior to January 1, 1999.
(h) It is not the intent of the Legislature to influence or affect
any litigation pending on or initiated before January 1, 1999.