Government Code — Part 83 | GOV — United States — California law | Esheria

Government Code

Part 83 of 107 · provisions 16,401–16,600

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 66416.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    “Appeal board” means a designated board or other official body that hears and decides appeals about real property divisions and related requirements, conditions, design, or improvements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required. (Added by Stats. 1974, Ch. 1536.)
  2. 66416.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    Defines “city engineer” and limits who may prepare, examine, or approve surveying maps and documents.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 by a city surveyor, if that position has been created by the local agency. (b) A city engineer registered as a civil engineer after January 1, 1982, shall not be authorized to prepare, examine, or approve the surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). (c) Nothing contained in this provision shall prevent a city engineer from delegating the land surveying functions to a person authorized to practice land surveying. Where there is no person authorized to practice land surveying within the city or agency, nothing shall prevent the city engineer from contracting with a person who is authorized to practice land surveying to perform the land surveying functions. (Amended by Stats. 1996, Ch. 872, Sec. 63. Effective January 1, 1997.)
  3. 66417.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    “County surveyor” includes county engineer when there is no county surveyor, and certain surveying map work must be done only by authorized land surveyors or qualifying civil engineers.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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, shall not be authorized to prepare, examine, or approve the surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). (Amended by Stats. 1996, Ch. 872, Sec. 64. Effective January 1, 1997.)
  4. 66418.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “Design” for subdivision purposes.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66418. “Design” means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan as required pursuant to Section 66473.5. (Amended by Stats. 2002, Ch. 1109, Sec. 1.3. Effective January 1, 2003.)
  5. 66418.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “development” for this code section.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 land and construction incident thereto. (Added by Stats. 1984, Ch. 1113, Sec. 2. Operative January 1, 1986, by Sec. 10 of Ch. 1113.)
  6. 66418.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “environmental subdivision” and sets conditions that must be met before a local agency may approve or conditionally approve one.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 specified in subdivision (b). (b) Prior to approving or conditionally approving an environmental subdivision, the local agency shall find each of the following: (1) That factual biotic or wildlife data, or both, are available to the local agency to support the approval of the subdivision, prior to approving or conditionally approving the environmental subdivision. (2) That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation. (3) That an easement will be recorded in the county in which the land is located to ensure compliance with the conditions specified by any local, state, or federal agency requiring the mitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are compatible, the local agency shall consider requiring the easement to contain a requirement for the joint management and maintenance of the resulting parcels. This reservation shall not be inconsistent with the purposes of this section and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land. (4) The real property is at least 20 acres in size, or if it is less than 20 acres in size, the following conditions are met: (A) The land is contiguous to other land that would also qualify as an environmental subdivision. (B) The other land is subject to a recorded perpetual easement that restricts its use to a biotic or wildlife habitat, or both. (C) The total combined acreage of the lands would be 20 acres or more. (D) Where the biotic or wildlife habitat, or both, are compatible, the land and the other land will be jointly managed and maintained. (c) Notwithstanding subdivision (a) of Section 66411.1, any improvement, dedication, or design required by the local agency as a condition of approval of an environmental subdivision shall be solely for the purposes of ensuring compliance with the conditions required by the local, state, or federal agency requiring the mitigation. (d) After recordation of an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage pursuant to Chapter 6 (commencing with Section 66499.11) if the local agency finds that all of the following conditions exist: (1) None of the parcels created by the environmental subdivision has been sold or exchanged. (2) None of the parcels is being used, set aside, or required for mitigation purposes pursuant to this section. (3) Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished. (e) If the environmental subdivision is abandoned and reverts to acreage pursuant to subdivision (d), all local, state, and federal requirements shall apply. (f) This section shall apply only upon the written request of the landowner at the time the land is divided. This section is not intended to limit or preclude subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes. (Amended by Stats. 2003, Ch. 76, Sec. 1. Effective January 1, 2004.)
  7. 66419.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “improvement” for subdivision law.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. (b) “Improvement” also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan. (Amended by Stats. 1984, Ch. 1187, Sec. 2.)
  8. 66420.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “local agency” as a city, county, or city and county.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66420. “Local agency” means a city, county or city and county. (Added by Stats. 1974, Ch. 1536.)
  9. 66421.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “local ordinance” for subdivision planning and improvement rules.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 the provisions of this division or any prior statute, regulating the design and improvements of subdivisions, insofar as the provisions of the ordinance are consistent with and not in conflict with the provisions of this division. (Added by Stats. 1974, Ch. 1536.)
  10. 66422.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    A “certificate of exception” is a valid authorization to subdivide land issued by the County of Los Angeles under a qualifying ordinance.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 September 22, 1967, and March 4, 1972, and which at the time of issuance did not conflict with this division or any statutory predecessor thereof. (Added by Stats. 1988, Ch. 1041, Sec. 3.)
  11. 66423.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “subdivider” for the subdivision rules.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66423. “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.” (Amended by Stats. 1976, Ch. 660.)
  12. 66424.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “subdivision” for land-use law.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 or 6542 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in of Section 4190 or 6566 of the Civil Code. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 57) by Stats. 2013, Ch. 605, Sec. 31. (SB 752) Effective January 1, 2014.)
  13. 66424.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    The section allows certain land purchasers and subdividers to keep subdividing, and bars local agencies from banning consecutive subdivision, while still allowing local agencies to impose appropriate conditions or requirements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 thereto, from subdividing the land one or more times, pursuant to the provisions of this division prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided. Nothing contained in this chapter shall prevent the same subdivider of a unit of land created under the provisions of this division, or a local ordinance enacted pursuant thereto, from making consecutive subdivisions of the same parcel or any portion thereof. Further, local agencies shall not, by ordinance or policy, prohibit consecutive subdivision of the same parcel or any portion thereof either by the same subdivider or a subsequent purchaser because the parcel was previously subdivided. Nothing contained in this section shall limit the authority of a local agency to impose appropriate conditions or requirements on the consecutive subdivisions. (Amended by Stats. 1986, Ch. 35, Sec. 1.)
  14. 66424.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section defines “tentative map” and “vesting tentative map.”

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 around it and need not be based upon an accurate or detailed final survey of the property. (b) “Vesting tentative map” refers to a map which meets the requirements of subdivision (a) and Section 66452. (Amended by Stats. 1984, Ch. 1113, Sec. 3. Operative January 1, 1986, by Sec. 10 of Ch. 1113.)
  15. 66424.6.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    A subdivider may treat unused land in a subdivision as a remainder or omit it, and local agencies cannot count those areas as parcels for map purposes in the stated cases.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. If the subdivider elects to designate a remainder, the following requirements shall apply: (1) The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required. (2) For a designated remainder parcel described in this subdivision, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the local agency or, where provided by local ordinance, until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the local agency. In the absence of that agreement, a local agency may require fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the local agency that fulfillment of the construction requirements is necessary for reasons of: (A) The public health and safety; or (B) The required construction is a necessary prerequisite to the orderly development of the surrounding area. (b) If the subdivider elects to omit all or a portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing, the omitted portion shall not be counted as a parcel for purposes of determining whether a parcel or final map is required, and the fulfillment of construction requirements for offsite improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development is issued on the omitted parcel, except where allowed pursuant to paragraph (2) of subdivision (a). (c) The provisions of subdivisions (a) and (b) providing for deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assessment district or community facilities district. (d) A designated remainder or any omitted parcel may subsequently be sold without any further requirement of the filing of a parcel map or final map, but the local agency may require a certificate of compliance or conditional certificate of compliance. (Amended by Stats. 1991, Ch. 907, Sec. 1.)
  16. 66425.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    This chapter governs when tentative, final, and parcel maps are required.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66425. The necessity for tentative, final and parcel maps shall be governed by the provisions of this chapter. (Added by Stats. 1974, Ch. 1536.)
  17. 66426.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A tentative and final map is required for certain larger subdivisions, but several listed types of land divisions are exempt; a parcel map is also required for the subdivisions described in those exemptions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs: (a) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body. (b) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway. (c) The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths. (d) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section. (e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2. (f) A parcel map shall be required for those subdivisions described in subdivisions (a), (b), (c), (d), and (e). (Amended by Stats. 2003, Ch. 76, Sec. 2. Effective January 1, 2004.)
  18. 66426.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    Certain land conveyances to or from specified public or utility entities are not treated as divisions of land for parcel-counting purposes.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. For purposes of this section, any conveyance of land to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license. (Amended by Stats. 2011, Ch. 382, Sec. 6. (SB 194) Effective January 1, 2012.)
  19. 66427.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    For certain condominium and related project maps, the governing body cannot reject approval for building design, building location, airspace division, or the absence of a condominium plan.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a parcel, tentative, or final map of the project on account of the design or the location of buildings on the property shown on the map that are not violative of local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium. (b) A map need not include a condominium plan or plans, as defined in Section 4120 or 6540 of the Civil Code, and the governing body may not refuse approval of a parcel, tentative, or final map of the project on account of the absence of a condominium plan. (c) Fees and lot design requirements shall be computed and imposed with respect to those maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project. (d) Nothing herein shall be deemed to limit the power of the legislative body to regulate the design or location of buildings in a project by or pursuant to local ordinances. (e) If the governing body has approved a parcel map or final map for the establishment of condominiums on property pursuant to the requirements of this division, the separation of a three-dimensional portion or portions of the property from the remainder of the property or the division of that three-dimensional portion or portions into condominiums shall not constitute a further subdivision as defined in Section 66424, provided each of the following conditions has been satisfied: (1) The total number of condominiums established is not increased above the number authorized by the local agency in approving the parcel map or final map. (2) A perpetual estate or an estate for years in the remainder of the property is held by the condominium owners in undivided interests in common, or by an association as defined in Section 4100 or 6528 of the Civil Code, and the duration of the estate in the remainder of the property is the same as the duration of the estate in the condominiums. (3) The three-dimensional portion or portions of property are described on a condominium plan or plans, as defined in Section 4120 or 6540 of the Civil Code. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 58) by Stats. 2013, Ch. 605, Sec. 32. (SB 752) Effective January 1, 2014.)
  20. 66427.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    Before approving a final map for certain condominium-conversion subdivisions, the legislative body must make specified notice findings, and tenants must receive several notices on set timelines.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.18, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days’ written notification that an application for a public report will be, or has been, submitted to the Bureau of Real Estate, that the period for each tenant’s right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Bureau of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Bureau of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days’ written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.19, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant pursuant to Section 66452.20. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit, or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. (Amended by Stats. 2013, Ch. 352, Sec. 313. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  21. 66427.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    Some subdivision rules do not apply to certain airspace-subdivision condominium projects or stock cooperatives unless the local general or specific plan has definite conversion objectives and policies, and local agencies must act on a completed conversion application within 120 days.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66427.2. Unless applicable general or specific plans contain definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives, the provisions of Sections 66473.5, 66474, and 66474.61, and subdivision (c) of Section 66474.60 shall not apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing structure, unless new units are to be constructed or added. A city, county, or city and county acting pursuant to this section shall approve or disapprove the conversion of an existing building to a stock cooperative within 120 days following receipt of a completed application for approval of such conversion. This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominium projects. (Amended by Stats. 1979, Ch. 1192.)
  22. 66427.4.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    When filing a tentative or parcel map for a subdivision created from converting a mobilehome park or floating home marina to another use, the subdivider must follow Section 65863.7 and local decision-makers are also subject to it.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 use, the subdivider shall adhere to the requirements of Section 65863.7 relating to the impact of the conversion upon the displaced residents of the mobilehome park or floating home marina to be converted. (b) The legislative body, or an advisory agency that is authorized by local ordinance to approve, conditionally approve, or disapprove the map, in addition to complying with other applicable law, shall be subject to Section 65863.7 relating to requiring mitigation of any adverse impact of the conversion on the ability of displaced mobilehome park or floating home marina residents to find adequate housing in a mobilehome park or floating home marina, respectively. (c) This section establishes a minimum standard for local regulation of conversions of mobilehome parks and floating home marinas into other uses and shall not prevent a local agency from enacting more stringent measures. (d) This section shall not be applicable to a subdivision that is created from the conversion of a rental mobilehome park or rental floating home marina to resident ownership. (Amended by Stats. 2020, Ch. 35, Sec. 5. (AB 2782) Effective January 1, 2021.)
  23. 66427.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A subdivider converting a rental mobilehome park to resident ownership must take steps to avoid displacing nonpurchasing residents, give tenants purchase-or-stay options, file and share a conversion-impact report, obtain a resident support survey, and follow local hearing and approval rules.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 subdivider shall avoid the economic displacement of all nonpurchasing residents in the following manner: (a) The subdivider shall offer each existing tenant an option to either purchase his or her condominium or subdivided unit, which is to be created by the conversion of the park to resident ownership, or to continue residency as a tenant. (b) The subdivider shall file a report on the impact of the conversion upon residents of the mobilehome park to be converted to resident owned subdivided interest. (c) The subdivider shall make a copy of the report available to each resident of the mobilehome park at least 15 days prior to the hearing on the map by the advisory agency or, if there is no advisory agency, by the legislative body. (d) (1) The subdivider shall obtain a survey of support of residents of the mobilehome park for the proposed conversion. (2) The survey of support shall be conducted in accordance with an agreement between the subdivider and a resident homeowners’ association, if any, that is independent of the subdivider or mobilehome park owner. (3) The survey shall be obtained pursuant to a written ballot. (4) The survey shall be conducted so that each occupied mobilehome space has one vote. (5) The results of the survey shall be submitted to the local agency upon the filing of the tentative or parcel map, to be considered in the agency’s decision as to whether to approve, conditionally approve, or disapprove the map, and the agency may disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park’s homeowners. (6) Local legislative bodies may, by ordinance or resolution, implement the requirements of this subdivision. (e) The subdivider shall be subject to a hearing by a legislative body or advisory agency, which is authorized by local ordinance to approve, conditionally approve, or disapprove the map. The scope of the hearing shall be limited to the issue of compliance with this section. (f) The subdivider shall be required to avoid the economic displacement of all nonpurchasing residents in accordance with the following: (1) As to nonpurchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four-year period. (2) As to nonpurchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent by an amount equal to the average monthly increase in rent in the four years immediately preceding the conversion, except that in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. (Amended by Stats. 2013, Ch. 373, Sec. 1. (SB 510) Effective January 1, 2014.)
  24. 66427.6.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    When converting a rental floating home marina to resident ownership, the subdivider must avoid displacing nonpurchasing residents and must provide notices, a report, and a resident support survey.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 subdivider shall avoid the economic displacement of all nonpurchasing residents in the following manner: (a) The subdivider shall offer each existing tenant an option to either purchase his or her condominium or subdivided unit, which is to be created by the conversion of the marina to resident ownership, or to continue residency as a tenant. (b) The subdivider shall file a report on the impact of the conversion upon residents of the floating home marina to be converted to a resident-owned subdivided interest. (c) The subdivider shall make a copy of the report available to each resident of the floating home marina at least 15 days prior to the hearing on the map by the advisory agency or, if there is no advisory agency, by the legislative body. (d) (1) The subdivider shall obtain a survey of support of residents of the floating home marina for the proposed conversion. (2) The survey of support shall be conducted in accordance with an agreement between the subdivider and a resident homeowners’ association, if any, that is independent of the subdivider or floating home marina owner. (3) The survey shall be obtained pursuant to a written ballot. (4) The survey shall be conducted so that each occupied floating home berth has one vote. (5) The results of the survey shall be submitted to the local agency upon the filing of the tentative or parcel map, to be considered in the agency’s decision as to whether to approve, conditionally approve, or disapprove the map, and the agency may disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the marina’s homeowners. (6) Local legislative bodies may enact local regulations to implement the requirements of this subdivision. (e) The subdivider shall be subject to a hearing by a legislative body or advisory agency, which is authorized by local ordinance to approve, conditionally approve, or disapprove the map. The scope of the hearing shall be limited to the issue of compliance with this section. (f) The subdivider shall be required to avoid the economic displacement of all nonpurchasing residents in accordance with the following: (1) As to nonpurchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four-year period. (2) As to nonpurchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent by an amount equal to the average monthly increase in rent in the four years immediately preceding the conversion, except that the monthly rent shall not be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. (Added by Stats. 2013, Ch. 432, Sec. 4. (AB 253) Effective January 1, 2014.)
  25. 66428.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    Local ordinances may require tentative maps, and local agencies must provide a procedure to waive parcel map requirements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 final or parcel map is not otherwise required by this chapter, unless the preparation of the parcel map is waived by local ordinance as provided in this section. A parcel map shall not be required for either of the following: (1) Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing). (2) Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license. (b) A local agency shall, by ordinance, provide a procedure for waiving the requirement for a parcel map, imposed by this division, including the requirements for a parcel map imposed by Section 66426. The procedure may include provisions for waiving the requirement for a tentative and final map for the construction of a condominium project on a single parcel. The ordinance shall require a finding by the legislative body or advisory agency, that the proposed division of land complies with requirements established by this division or local ordinance enacted pursuant thereto as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division or local ordinance enacted pursuant thereto. In any case, where the requirement for a parcel map is waived by local ordinance pursuant to this section, a tentative map may be required by local ordinance. (c) If a local ordinance does not require a tentative map where a parcel map is required by this division, the subdivider shall have the option of submitting a tentative map, or if he or she desires to obtain the rights conferred by Chapter 4.5 (commencing with Section 66498.1), a vesting tentative map. (Amended by Stats. 2013, Ch. 210, Sec. 16. (SB 184) Effective January 1, 2014.)
  26. 66428.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    This section waives parcel-map requirements for certain mobilehome park or floating home marina conversions to resident ownership when enough residents sign a petition and a field survey is done, subject to limited exceptions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 indicating their intent to purchase the mobilehome park or the floating home marina for purposes of converting it to resident ownership, and a field survey is performed, the requirement for a parcel map or a tentative and final map shall be waived unless any of the following conditions exists: (1) There are design or improvement requirements necessitated by significant health or safety concerns. (2) The local agency determines that there is an exterior boundary discrepancy that requires recordation of a new parcel or tentative and final map. (3) The existing parcels that exist prior to the proposed conversion were not created by a recorded parcel or final map. (4) The conversion would result in the creation of more condominium units or interests than the number of tenant lots, spaces, or floating home berths that exist prior to conversion. (b) The petition signed by owners of mobilehomes in a mobilehome park proposed for conversion to resident ownership pursuant to subdivision (a) shall read as follows: MOBILEHOME PARK PETITION AND DISCLOSURE STATEMENT SIGNING THIS PETITION INDICATES YOUR SUPPORT FOR CONVERSION OF THIS MOBILEHOME PARK TO RESIDENT OWNERSHIP. THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF ____, COUNTY OF ____, STATE OF CALIFORNIA, DESCRIBED AS ____. THE TOTAL COST FOR CONVERSION AND PURCHASE OF THE PARK IS $____ TO $____, EXCLUDING FINANCING COSTS. THE TOTAL COST TO YOU FOR CONVERSION AND PURCHASE OF YOUR OWNERSHIP INTEREST IS $____ TO $____, EXCLUDING FINANCING COSTS. IF TWO-THIRDS OF THE RESIDENTS IN THIS PARK SIGN THIS PETITION INDICATING THEIR INTENT TO PURCHASE THE MOBILEHOME PARK FOR PURPOSES OF CONVERTING IT TO RESIDENT OWNERSHIP, THEN THE REQUIREMENTS FOR A NEW PARCEL, OR TENTATIVE AND FINAL SUBDIVISION MAP IN COMPLIANCE WITH THE SUBDIVISION MAP ACT MUST BE WAIVED, WITH CERTAIN VERY LIMITED EXCEPTIONS. WAIVING THESE PROVISIONS OF LAW ELIMINATES NUMEROUS PROTECTIONS THAT ARE AVAILABLE TO YOU. _____ Buyer, unit #, date _____ _____ _____ Petitioner, date _____ (c) The petition signed by owners of floating homes in a floating home marina proposed for conversion to resident ownership pursuant to subdivision (a) shall read as follows: FLOATING HOME MARINA PETITION AND DISCLOSURE STATEMENT SIGNING THIS PETITION INDICATES YOUR SUPPORT FOR CONVERSION OF THIS FLOATING HOME MARINA TO RESIDENT OWNERSHIP. THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF ____, COUNTY OF ____, STATE OF CALIFORNIA, DESCRIBED AS ____. THE TOTAL COST FOR CONVERSION AND PURCHASE OF THE PARK IS $____ TO $____, EXCLUDING FINANCING COSTS. THE TOTAL COST TO YOU FOR CONVERSION AND PURCHASE OF YOUR OWNERSHIP INTEREST IS $____ TO $____, EXCLUDING FINANCING COSTS. IF TWO-THIRDS OF THE RESIDENTS IN THIS MARINA SIGN THIS PETITION INDICATING THEIR INTENT TO PURCHASE THE FLOATING HOME MARINA FOR PURPOSES OF CONVERTING IT TO RESIDENT OWNERSHIP, THEN THE REQUIREMENTS FOR A NEW PARCEL, OR TENTATIVE AND FINAL SUBDIVISION MAP IN COMPLIANCE WITH THE SUBDIVISION MAP ACT MUST BE WAIVED, WITH CERTAIN VERY LIMITED EXCEPTIONS. WAIVING THESE PROVISIONS OF LAW ELIMINATES NUMEROUS PROTECTIONS THAT ARE AVAILABLE TO YOU. _____ Buyer, unit #, date _____ _____ _____ Petitioner, date _____ (d) The local agency shall provide an application for waiver pursuant to this section. After the waiver application is deemed complete pursuant to Section 65943, the local agency shall approve or deny the application within 50 days. The applicant shall have the right to appeal that decision to the governing body of the local agency. (e) If a tentative or parcel map is required, the local agency shall not impose any offsite design or improvement requirements unless these are necessary to mitigate an existing health or safety condition. No other dedications, improvements, or in-lieu fees shall be required by the local agency. In no case shall the mitigation of a health or safety condition have the effect of reducing the number, or changing the location, of existing mobilehome spaces or floating home marina berths. (f) If the local agency imposes requirements on an applicant to mitigate a health or safety condition, the applicant and the local agency shall enter into an unsecured improvement agreement. The local agency shall not require bonds or other security devices pursuant to Chapter 5 (commencing with Section 66499) for the performance of that agreement. The applicant shall have a period of one year from the date the agreement was executed to complete those improvements. (g) If the waiver application provided for in this section is denied by the local agency pursuant to the provisions of subdivision (a), the applicant may proceed to convert the mobilehome park or the floating home marina to a tenant-owned, condominium ownership interest, but shall file a parcel map or a tentative and final map. The local agency may not require the applicant to file and record a tentative and final map unless the conversion creates five or more parcels shown on the map. The number of condominium units or interests created by the conversion shall not determine whether the filing of a parcel or a tentative and final map shall be required. (h) For the purposes of this section, the meaning of “resident ownership” shall be as defined in Section 50781 of the Health and Safety Code. (Amended by Stats. 2013, Ch. 432, Sec. 5. (AB 253) Effective January 1, 2014.)
  27. 66429.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Only final maps and parcel maps may be filed for record with the county recorder.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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. (Added by Stats. 1974, Ch. 1536.)
  28. 66430.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A final map or parcel map covered by this chapter or a local subdivision ordinance may not be filed with the local agency unless all parties with any record title interest in the property give written consent, unless this division provides אחרת.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in this division. (Added by Stats. 1974, Ch. 1536.)
  29. 66431.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    The county surveyor may take on the city engineer’s duties if the two legislative bodies agree, and if the duties are split, each officer must say which duties they performed.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66425 - 66431] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 required certifications or statements. Whenever these duties have been divided between the county surveyor and city engineer, each officer shall state the duties performed by him or her. (Amended by Stats. 1987, Ch. 982, Sec. 2.)
  30. 66433.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The content and form of final maps must comply with the rules in this article.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66433. The content and form of final maps shall be governed by the provisions of this article. (Added by Stats. 1974, Ch. 1536.)
  31. 66434.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    A final map must be prepared by or under the direction of a registered civil engineer or licensed land surveyor and must be based on a survey.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 conform to all of the following provisions: (a) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (b) The size of each sheet shall be 18 by 26 inches or 460 by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or 025 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. (c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information that may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. (d) Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided. (e) (1) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The exterior boundary of the land included within the subdivision shall not include a designated remainder or omitted parcel that is designated or omitted under Section 66424.6. The designated remainder or omitted parcel shall be labeled as a designated remainder parcel or omitted parcel. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. (2) If the map includes a “designated remainder” parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. (3) A parcel designated as “not a part” shall be deemed to be a “designated remainder” for purposes of this section. (f) On and after January 1, 1987, no additional requirements shall be included that do not affect record title interests. However, the map shall contain a notation or reference to additional information required by a local ordinance adopted pursuant to Section 66434.2. (g) Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the final map shall constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment. (Amended by Stats. 2009, Ch. 332, Sec. 72. (SB 113) Effective January 1, 2010.)
  32. 66434.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    If a property on a final map is subject to an owner's development lien, the final map must show a notice identifying the lien recording details and stating that each parcel is subject to a prorated lien amount.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 10.5 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the recording instrument number or the book and page in the county recorder’s office in which the resolution creating the owner’s development lien was recorded. The notice shall state that the property subdivided is subject to an owner’s development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner’s development lien on a per acre or portion thereof basis. (Amended by Stats. 2022, Ch. 427, Sec. 17. (SB 1489) Effective January 1, 2023.)
  33. 66434.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A city or county may, by ordinance, require extra information to be filed or recorded with a final or parcel map, and the extra material must be in a separate document or map sheet with specific informational statements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet. (b) Additional survey and map information may include, but need not be limited to: building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. (Added by Stats. 1985, Ch. 883, Sec. 2.)
  34. 66434.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    If a soils, geologic, or combined soils-and-geologic report was prepared specifically for a subdivision, the city or county with jurisdiction must keep it on file for public inspection.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 public inspection by the city or county having jurisdiction. (Amended by Stats. 1982, Ch. 87, Sec. 9. Effective March 1, 1982.)
  35. 66435.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Before filing, the listed certificates, statements, and acknowledgments must appear on the final map; they may be combined when appropriate.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 appropriate. (Amended by Stats. 1988, Ch. 1408, Sec. 5.)
  36. 66435.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Local agencies may require certain certificates, statements, and acknowledgments to be filed as a separate instrument recorded at the same time as the final map.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66435.1. Notwithstanding any other provision of this article, local agencies may require that those certificates, statements, and acknowledgments required by Sections 66436 and 66443, be made by separate instrument to be recorded concurrently with the final map being filed for record. (Amended by Stats. 1988, Ch. 1408, Sec. 6.)
  37. 66435.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    If a certificate, statement, or acknowledgment is made by separate instrument, the final map must show a reference to the separately recorded document, and the county recorder completes that reference.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 document. This reference shall be completed by the county recorder pursuant to Section 66468.1. (Amended by Stats. 1987, Ch. 982, Sec. 3.)
  38. 66436.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A final map generally needs a signed, acknowledged consent statement from all record-title holders, but several interests may be excluded or signed around under listed conditions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 recordation of the final map is required, except in the following circumstances: (1) A lien for state, county, municipal, or local taxes or special assessments, a trust interest under bond indentures, or mechanics’ liens do not constitute a record title interest in land for the purpose of this chapter or any local ordinance. (2) The signature of either the holder of beneficial interests under trust deeds or the trustee under the trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map. (3) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map: (A) (i) Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity, public utility, or subsidiary of a public utility for conveyance to the public utility for rights-of-way. If, however, the legislative body or advisory agency determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of the public entity or public utility may be omitted. Where that determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement. (ii) If the public entity or utility objects to either recording the final map without its signature or the determination of the legislative body or advisory agency that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the legislative body or advisory agency within 30 days after receipt of the materials from the subdivider. (iii) If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within 30 days of filing its objection with the legislative body or advisory agency. (iv) If the public entity or utility either does not file an objection with the legislative body or advisory agency or fails to affix its signature within 30 days of filing its objection to recording the map without its signature, the local agency may record the final map without the signature. (v) If the public entity or utility files an objection to the determination of the legislative body or advisory agency that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the legislative body or advisory agency shall set the matter for public hearing to be held not less than 10 nor more than 30 days of receipt of the objection. At the hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement. (vi) If the legislative body or advisory agency finds, following the hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, it shall set forth those conditions whereby the unreasonable interference will be eliminated and upon compliance with those conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the legislative body or advisory agency finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding the objections. (vii) Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way or easement. (viii) No fee shall be charged by a public entity, public utility, subsidiary of a public utility, or objector for signing, omitting a signature, or objecting pursuant to this section. (B) Rights-of-way, easements, or reversions, which by reason of changed conditions, long disuse, or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map. (C) Interests in, or rights to, minerals, including but not limited to, oil, gas, or other hydrocarbon substances. (4) Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of those entities, may be included in the final map without the consent of the United States or the State of California to the map or to dedications made by it. (b) No monetary liability shall be incurred by, and no cause of action shall arise against, a local agency, a party, the subdivider, the subdivider’s agent, or the engineer or land surveyor who prepared the map, on account of the omission of any signature, which omission is authorized by this section. (c) A notary acknowledgment shall be deemed complete for recording without the official seal of the notary, so long as the name of the notary, the county of the notary’s principal place of business, and the notary’s commission expiration date are typed or printed below or immediately adjacent to the notary’s signature in the acknowledgment. (Amended by Stats. 1989, Ch. 847, Sec. 5.)
  39. 66439.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    This section requires final-map dedications or offers to dedicate real property for specified public purposes to be made by signed and acknowledged statement, and it requires certain dedication wording when the dedication must be in fee or as an easement.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436. (b) In the event any street shown on a final map is not offered for dedication, the statement may contain a declaration to this effect. If the statement appears on the final map and if the map is approved by the legislative body, the use of the street or streets by the public shall be permissive only. (c) An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under the real property unless, and only to the extent that, an intent to dedicate the facilities is expressly declared in the statement. (d) (1) If a subdivider is required under this division or any other provision of law to make a dedication for specified public purposes on a final map, the local agency shall specify whether the dedication is to be in fee for public purposes or an easement for public purposes. (2) If the dedication is required to be in fee for public purposes, the subdivider shall include the following language in the dedication clause on the final map or any separate instrument: “The real property described below is dedicated in fee for public purposes: (here insert a description of the dedicated property that is adequate to convey the property).” (3) If the dedication is required to be an easement for public purposes, the subdivider shall include the following language in the dedication clause on the final map or any separate instrument: “The real property described below is dedicated as an easement for public purposes: (here insert a description of the easement that is adequate to convey the dedicated property).” (Amended by Stats. 2009, Ch. 332, Sec. 73. (SB 113) Effective January 1, 2010.)
  40. 66440.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The final map must include a certificate or statement for the clerk of each approving legislative body to sign about the map’s approval and the treatment of any land offered for public dedication.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. (Amended by Stats. 1987, Ch. 982, Sec. 6.)
  41. 66441.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The engineer or surveyor responsible for the survey and final map must provide a statement with specified details about the survey, maps, and monuments.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown. The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. (Amended by Stats. 1987, Ch. 982, Sec. 7.)
  42. 66442.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    For certain final maps, the county surveyor or city engineer/city surveyor must provide a certificate or statement, sign and date it, include a registration or license number and seal, make specified statements about the map, and file it with the legislative body within 20 days after submission.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 subdivision lies within a city, a certificate or statement by the city engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately adjacent to the signature, indicate his or her registration or license number and the stamp of his or her seal, state that: (1) He or she has examined the map. (2) The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof. (3) All provisions of this chapter and of any local ordinances applicable at the time of approval of the tentative map have been complied with. (4) He or she is satisfied that the map is technically correct. (b) City or county engineers registered as civil engineers after January 1, 1982, shall only be qualified to certify the statements of paragraphs (1), (2), and (3) of subdivision (a). The statement specified in paragraph (4) shall only be certified by a person authorized to practice land surveying pursuant to the Professional Land Surveyors’ Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers’ Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). The county surveyor, the city surveyor, or the city engineer, as the case may be, or other public official or employee qualified and authorized to perform the functions of one of those officials, shall complete and file with his or her legislative body his or her certificate or statement, as required by this section, within 20 days from the time the final map is submitted to him or her by the subdivider for approval. (c) As used in this section, “certificate,” “certify,” and “certified” shall have the same meaning as provided in Sections 6735.5 and 8770.6 of the Business and Professions Code. (Amended by Stats. 2012, Ch. 330, Sec. 15. (SB 1090) Effective January 1, 2013.)
  43. 66442.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A final map must include an engineer’s or surveyor’s statement and a recorder’s certificate or statement.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that all the monuments are of the character and occupy the positions indicated or that they will be set in those positions before (date), and that the monuments are, or will be, sufficient to enable the survey to be retraced, and that this final map substantially conforms to the conditionally approved tentative map. (Signed) (Date Signed) _____ L.S. or R.C.E. No. (Seal) Recorder’s certificate or statement. Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________. Signed _____ County Recorder (Amended by Stats. 2013, Ch. 210, Sec. 17. (SB 184) Effective January 1, 2014.)
  44. 66443.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Final maps must include any additional certificates and acknowledgments required by local ordinance.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Final Maps [66433 - 66443] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66443. In addition to the certificates, statements, and acknowledgments required herein for final maps, the maps shall contain other certificates and acknowledgments as are required by local ordinance. (Amended by Stats. 1988, Ch. 1408, Sec. 7.)
  45. 66444.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The content and form of parcel maps are governed by this article.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 66444. The content and form of parcel maps shall be governed by the provisions of this article. (Added by Stats. 1974, Ch. 1536.)
  46. 66445.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Parcel maps must be prepared and formatted to specified surveying, labeling, sheet-size, and recordation requirements, with certain local-agency and consent-related exceptions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 property lines bounding the property, and shall conform to all of the following provisions: (a) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates or statements, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (b) The size of each sheet shall be 18 by 26 inches or 460 by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or 025 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. (c) Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided. (d) (1) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The exterior boundary of the land included within the subdivision shall not include a designated remainder or omitted parcel that is designated or omitted under Section 66424.6. The designated remainder parcel or omitted parcel shall be labeled as a designated remainder parcel or an omitted parcel. (2) The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a “designated remainder” parcel or similar parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. (3) A parcel designated as “not a part” shall be deemed to be a “designated remainder” for purposes of this section. (e) Subject to the provisions of Section 66436, a statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required, except that less inclusive requirements may be provided by local ordinance. With respect to a division of land into four or fewer parcels, where dedications or offers of dedications are not required, the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the local agency may require that the subdivider provide the local agency with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this paragraph, “record title ownership” means fee title of record unless a leasehold interest is to be divided, in which case “record title ownership” means ownership of record of the leasehold interest. Record title ownership does not include ownership of mineral rights or other subsurface interests that have been severed from ownership of the surface. (f) Notwithstanding any other provision of this article, local agencies may require that those statements and acknowledgments required pursuant to subdivision (e) be made by separate instrument to be recorded concurrently with the parcel map being filed for record. (g) On and after January 1, 1987, no additional survey and map requirements shall be included on a parcel map that do not affect record title interests. However, the map shall contain a notation of reference to survey and map information required by a local ordinance adopted pursuant to Section 66434.2. (h) Whenever a certificate or acknowledgment is made by separate instrument, there shall appear on the parcel map a reference to the separately recorded document. This reference shall be completed by the county recorder pursuant to Section 66468.1. (i) If a field survey was performed, the parcel map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced. (j) Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the parcel map shall constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment. (Amended by Stats. 2009, Ch. 332, Sec. 74. (SB 113) Effective January 1, 2010.)
  47. 66447.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Parcel-map dedications may be done on the map or by separate instrument; separate instruments must be recorded on time, and required dedication language must be included when the dedication is in fee or as an easement.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 local ordinance. If dedications or offers of dedication are made by separate instrument, the dedications or offers of dedication shall be recorded concurrently with, or prior to, the parcel map being filed for record. (b) The dedication or offers of dedication, whether by statement or separate instrument, shall be signed by the same parties and in the same manner as set forth in Section 66439 for dedications by a final map.(c) (1) If a subdivider is required under this division or any other provision of law to make a dedication for specified public purposes on a parcel map, the local agency shall specify whether the dedication is to be in fee for public purposes or an easement for public purposes. (2) If the dedication is required to be in fee for public purposes, the subdivider shall include the following language in the dedication clause on the parcel map or any separate instrument: “The real property described below is dedicated in fee for public purposes: (here insert a description of the dedicated property that is adequate to convey the property).” (3) If the dedication is required to be an easement for public purposes, the subdivider shall include the following language in the dedication clause on the parcel map or any separate instrument: “The real property described below is dedicated as an easement for public purposes: (here insert a description of the easement that is adequate to convey the dedicated property).” (Amended by Stats. 2009, Ch. 332, Sec. 75. (SB 113) Effective January 1, 2010.)
  48. 66448.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    When a parcel map is required, it must be based on a field survey if local ordinance requires one; otherwise it may be based on a field survey under the Land Surveyors Act or compiled from recorded or filed data if existing monumentation is sufficient.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 local ordinance, or, in absence of that requirement, shall be based either upon a field survey made in conformity with the Land Surveyors Act or be compiled from recorded or filed data when sufficient recorded or filed survey monumentation presently exists to enable the retracement of the exterior boundary lines of the parcel map and the establishment of the interior parcel or lot lines of the parcel map. (Amended by Stats. 2006, Ch. 643, Sec. 21. Effective January 1, 2007.)
  49. 66449.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A parcel map must include specified statements from the engineer or surveyor and the county recorder’s certificate or statement.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any. (Signed) (Date Signed)____ L.S. or R.C.E. No. (Seal) Recorder’s certificate or statement. Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________. Signed _____ County Recorder (Amended by Stats. 2013, Ch. 210, Sec. 18. (SB 184) Effective January 1, 2014.)
  50. 66450.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Parcel maps need certification by the proper local official, and the certificate and map must be completed within 20 days of submission.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Maps [66425 - 66450] ( Chapter 2 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Parcel Maps [66444 - 66450] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 subdivision lies within a city, a certificate or statement by the city engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately adjacent to the signature, indicate his or her registration or license number and the stamp of his or her seal and state that: (1) He or she examined the map. (2) The subdivision as shown is substantially the same as it appeared on the tentative map, if required, and any approved alterations thereof. (3) All provisions of this chapter and of any local ordinances applicable at the time of approval of the tentative map, if required, have been complied with. (4) He or she is satisfied that the map is technically correct. (b) City or county engineers registered as civil engineers after January 1, 1982, shall only be qualified to certify the statements of paragraphs (1), (2), and (3) of subdivision (a). The statement specified in paragraph (4) of subdivision (a) shall only be certified by a person authorized to practice land surveying pursuant to the Professional Land Surveyors’ Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers’ Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). (c) The county surveyor, city engineer, or city surveyor, as the case may be, or other public official or employee qualified and authorized to perform the functions of one of those officials, shall complete his or her certificate or statement, as required by this section, within 20 days from the time the parcel map is submitted to him or her by the subdivider for approval. The completed parcel map shall be delivered to the county recorder or, if required by local ordinance, filed with the legislative body prior to delivery to the county recorder, within the same 20-day period. (Amended by Stats. 2012, Ch. 330, Sec. 16. (SB 1090) Effective January 1, 2013.)
  51. 66451.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    This section says the chapter’s procedures control how tentative, final, and parcel maps are processed, approved, conditionally approved, disapproved, and filed.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66451. The procedures set forth in this chapter shall govern the processing, approval, conditional approval or disapproval and filing of tentative, final and parcel maps and the modification thereof. Local ordinances may modify such procedures to the extent authorized by this chapter. (Added by Stats. 1974, Ch. 1536.)
  52. 66451.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    This section lets map-reporting time limits be extended by mutual consent, bars routine waiver demands except for related concurrent approvals or environmental review, and requires a local agency to check whether it can meet map-processing deadlines and, if needed and requested, use temporary outside help.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 legislative body required to report or act. However, no advisory agency or legislative body, may require a routine waiver of time limits as a condition of accepting the application for, or processing of tentative, final, or parcel maps, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same development project. (b) At the time that the subdivider makes an application pursuant to this division, a local agency shall determine whether or not it is able to meet the time limits specified in this chapter for reporting and acting on maps. If the local agency determines that it will be unable to meet such time limits, such agency shall, upon request of a subdivider and for the purpose of meeting such time limits, contract or employ a private entity or persons on a temporary basis to perform such services as necessary to permit the agency to meet such time limits. However, a local agency need not enter into such a contract or employ such persons if it determines either that (1) no such entities or persons are available or qualified to perform such services or (2) the local agency would be able to perform services in a more rapid fashion than would any available and qualified persons or entities. Such entities or persons employed by a local agency may, pursuant to an agreement with the local agency, perform all functions necessary to process tentative, final, and parcel maps and to comply with other requirements imposed pursuant to this division or by local ordinances adopted pursuant to this division, except those functions reserved by this division or local ordinance to the legislative body. A local agency may charge the subdivider fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section. (Amended by Stats. 1980, Ch. 1152.)
  53. 66451.10.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    Local agencies may merge contiguous parcels only under this article, and parcels held by the same owner are not treated as merged just for that reason.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 under the provisions of this division, or any prior law regulating the division of land, or a local ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, shall not be deemed merged by virtue of the fact that the contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this division or a local ordinance enacted pursuant thereto shall be required for the purpose of sale, lease, or financing of the contiguous parcels or units, or any of them. (b) This article shall provide the sole and exclusive authority for local agency initiated merger of contiguous parcels. On and after January 1, 1984, parcels may be merged by local agencies only in accordance with the authority and procedures prescribed by this article. This exclusive authority does not, however, abrogate or limit the authority of a local agency or a subdivider with respect to the following procedures within this division: (1) Lot line adjustments. (2) Amendment or correction of a final or parcel map. (3) Reversions to acreage. (4) Exclusions. (5) Tentative, parcel, or final maps which create fewer parcels. (Amended by Stats. 1986, Ch. 727, Sec. 1. Effective September 15, 1986.)
  54. 66451.11.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    A local agency may adopt an ordinance to merge certain parcels with contiguous parcels held by the same owner if the stated parcel-size and other conditions are met, and if the owner is notified and can be heard.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance of the local agency applicable to the parcels or units of land and if all of the following requirements are satisfied: (a) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. (b) With respect to any affected parcel, one or more of the following conditions exists: (1) Comprises less than 5,000 square feet in area at the time of the determination of merger. (2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation. (3) Does not meet current standards for sewage disposal and domestic water supply. (4) Does not meet slope stability standards. (5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. (6) Its development would create health or safety hazards. (7) Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. The ordinance may establish the standards specified in paragraphs (3) to (7), inclusive, which shall be applicable to parcels to be merged. This subdivision shall not apply if one of the following conditions exist: (A) On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code. (B) On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201. (C) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency. (D) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency. (E) Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (i) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (ii) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based. For purposes of paragraphs (C) and (D) of this subdivision, “mineral resource extraction” means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. (c) The owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13, and is afforded the opportunity for a hearing pursuant to Section 66451.14. For purposes of this section, when determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. (Amended by Stats. 1995, Ch. 162, Sec. 1. Effective January 1, 1996.)
  55. 66451.12.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    A merger of parcels becomes effective when the local agency files a notice of merger for record with the county recorder.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 located, a notice of merger specifying the names of the record owners and particularly describing the real property. (Amended by Stats. 1984, Ch. 102, Sec. 1.2. Effective April 30, 1984.)
  56. 66451.13.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    Before a notice of merger is recorded, the local agency must mail a certified notice of intention to determine status to the current record owner.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the county in which the real property is located on the date that notice is mailed to the property owner. (Amended by Stats. 1995, Ch. 162, Sec. 2. Effective January 1, 1996.)
  57. 66451.14.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    The owner of affected property may file a hearing request with the local agency within 30 days after the notice of intention to determine status is recorded.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 request for a hearing on determination of status. (Amended by Stats. 1984, Ch. 102, Sec. 1.4. Effective April 30, 1984.)
  58. 66451.15.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    After a property owner requests a hearing on determination of status, the local agency must set the hearing time, date, and place and notify the owner by certified mail.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 fix a time, date, and place for a hearing to be conducted by the legislative body or an advisory agency, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following the local agency’s receipt of the property owner’s request for the hearing, but may be postponed or continued with the mutual consent of the local agency and the property owner. (Amended by Stats. 1985, Ch. 796, Sec. 2. Effective September 19, 1985.)
  59. 66451.16.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    At the hearing, the property owner may present evidence against merger, and the local agency must decide whether the parcels are merged and notify the owner.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 specified in the merger ordinance. At the conclusion of the hearing, the local agency shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. If the merger ordinance so provides, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 66451.11. A determination of merger shall be recorded within 30 days after conclusion of the hearing, as provided for in Section 66451.12. (Amended by Stats. 1984, Ch. 102, Sec. 1.6. Effective April 30, 1984.)
  60. 66451.17.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    If the owner does not request a hearing within the stated 30-day period, the local agency may decide whether the affected parcels will be merged, and the merger determination must be recorded within 90 days after the required notice is mailed.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 agency may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 66451.12 no later than 90 days following the mailing of notice required by Section 66451.13. (Amended by Stats. 2000, Ch. 506, Sec. 29. Effective January 1, 2001.)
  61. 66451.18.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    If a local agency decides the property should not be merged, it must record a release of the notice of intention to determine status and mail a clearance letter to the current owner of record.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 in the manner specified in Section 66451.12 a release of the notice of intention to determine status, recorded pursuant to Section 66451.13, and shall mail a clearance letter to the then current owner of record. (Amended by Stats. 1984, Ch. 102, Sec. 1.8. Effective April 30, 1984.)
  62. 66451.19.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    Local agencies must record merger notices for certain older parcel mergers, and they must give the owner written advance notice before recording.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 parcel merged prior to January 1, 1984. After January 1, 1986, no parcel merged prior to January 1, 1984, shall be considered merged unless a notice of merger has been recorded prior to January 1, 1986. (b) Notwithstanding the provisions of Sections 66451.12 to 66451.18, inclusive, a city or county having a merger ordinance in existence on January 1, 1984, may, until July 1, 1984, continue to effect the merger of parcels pursuant to that ordinance, unless the parcels would be deemed not to have merged pursuant to the criteria specified in Section 66451.30. The local agency shall record a notice of merger for any parcels merged pursuant to that ordinance. (c) At least 30 days prior to recording a notice of merger pursuant to subdivision (a) or (b), the local agency shall advise the owner of the affected parcels, in writing, of the intention to record the notice and specify a time, date, and place at which the owner may present evidence to the legislative body or advisory agency as to why the notice should not be recorded. (d) The failure of a local agency to comply with the requirements of this article for the merger of contiguous parcels or units of land held in common ownership shall render void and ineffective any resulting merger or recorded notice of merger and no further proceedings under the provisions of this division or a local ordinance enacted pursuant thereto shall be required for the purpose of sale, lease, or financing of those contiguous parcels or units, or any of them, until such time as the parcels or units of land have been lawfully merged by subsequent proceedings initiated by the local agency which meet the requirements of this article. (e) The failure of a local agency to comply with the requirements of any prior law establishing requirements for the merger of contiguous parcels or units of land held in common ownership, shall render voidable any resulting merger or recorded notice of merger. From and after the date the local agency determines that its actions did not comply with the prior law, or a court enters a judgment declaring that the actions of the agency did not comply with the prior law, no further proceedings under the provisions of this division or a local ordinance enacted pursuant thereto shall be required for the purpose of sale, lease, or financing of such contiguous parcels or units, or any of them, until such time as the parcels or units of land have been lawfully merged by subsequent proceedings initiated by the local agency which meet the requirements of this article. (Amended by Stats. 1986, Ch. 727, Sec. 2. Effective September 15, 1986.)
  63. 66451.195.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    Counties over 20,000 square miles must record certain parcel-merger notices by January 1, 1990, and follow Section 66451.19 notice requirements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 prior to the time of merger, which were merged prior to January 1, 1984, and for those parcels no parcel merged prior to January 1, 1984, shall be considered merged unless the notice of merger has been recorded prior to January 1, 1990. Counties recording notices of merger pursuant to this subdivision shall comply with the notice requirements of Section 66451.19. (b) This section shall not be applicable to any parcels or units which meet the criteria of subdivision (a) but which were transferred, or for which the owner has applied for a building permit, during the period between January 1, 1986, and the effective date of this section. (Added by Stats. 1986, Ch. 727, Sec. 3. Effective September 15, 1986.)
  64. 66451.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency may set reasonable fees for certain map-processing and related procedures, but the fees cannot exceed what is reasonably needed to administer the division and must be imposed under the Mitigation Fee Act.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 division or local ordinance, but the fees shall not exceed the amount reasonably required by such agency to administer the provisions of this division. The fees shall be imposed pursuant to the Mitigation Fee Act, consisting of Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1. (Amended by Stats. 1999, Ch. 550, Sec. 20. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
  65. 66451.20.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    Before amending a qualifying merger ordinance, the local agency’s legislative body must adopt a resolution of intention, and the clerk must publish notice of that resolution at least 30 days before the amended ordinance is adopted.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 body of the local agency shall adopt a resolution of intention and the clerk of the legislative body shall cause notice of the adoption of the resolution to be published in the manner prescribed by Section 6061. The publication shall have been completed not less than 30 days prior to adoption of the amended ordinance. (Amended by Stats. 1995, Ch. 162, Sec. 3. Effective January 1, 1996.)
  66. 66451.21.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    Before adopting a merger ordinance, the legislative body must adopt a resolution of intention and set a public hearing, and the clerk must publish notice of that hearing.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 legislative body shall adopt a resolution of intention to adopt a merger ordinance and fix a time and place for a public hearing on the proposed ordinance, which shall be conducted not less than 30 nor more than 60 days after adoption of the resolution. The clerk of the legislative body shall cause a notice of the hearing to be published in the manner prescribed by Section 6061. Publication shall have been completed at least seven days prior to the date of the hearing. The notice shall: (a) Contain the text of the resolution. (b) State the time and place of the hearing. (c) State that at the hearing all interested persons will be heard. (Amended by Stats. 1995, Ch. 162, Sec. 4. Effective January 1, 1996.)
  67. 66451.22.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

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    Napa County may require merger of certain undeveloped substandard parcels as a condition of development approvals, with listed exemptions and a takings limit.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 winegrape growing region of worldwide importance and should thereby be protected from parcelization. (2) The county has determined that because of the land’s extraordinary agricultural value as a winegrape production area and the fact that the county’s tourism industry entrusts its significant economic interests to its agricultural and open-space lands, the highest and best use for the agricultural land in the Napa Valley is for agricultural production. (3) The full potential build-out of parcels not previously recognized in Napa County’s agricultural preserve and watershed areas could devastate the wine industry of California and Napa County. (4) To adequately protect the value and productivity of the county’s agricultural lands, Napa County needs relief from the Subdivision Map Act’s implied preemption of local ordinances that may require merger of parcels that do not meet current zoning and design and improvement standards as well as the provisions that recognize parcels created prior to, or before, the current Subdivision Map Act. (b) Notwithstanding any other provision of law, the County of Napa may adopt ordinances to require, as a condition of the issuance of any permit or the grant of any approval necessary to develop any real property which includes in whole or in part an undeveloped substandard parcel, that the undeveloped substandard parcel be merged into any other parcel or parcels that are contiguous to it and were held in common ownership on or after the effective date of this act, whether or not the contiguous parcels are a part of the development application, except as otherwise provided in subdivisions (d) and (e). (c) For purposes of this section, “undeveloped substandard parcel” means a parcel or parcels that qualify as undeveloped pursuant to subdivision (a) of Section 66451.11, are located in areas designated as Agricultural Resource (AR) or Agricultural, Watershed, and Open Space (AWOS) on the General Plan Map of Napa County and are inconsistent with the parcel size established by the general plan and any applicable specific plan. (d) Any ordinance adopted by the County of Napa pursuant to subdivision (b) shall exempt the following: (1) Undeveloped substandard parcels for which a conditional or unconditional certificate of compliance has been issued pursuant to subdivision (a) or (b) of Section 66499.35, so long as the application for the certificate of compliance, together with the documentation required by the County of Napa on or before August 1, 1997, to commence the processing of an application, is filed on or before the effective date of this act; provided that this exemption shall not be applicable to conditional certificates of compliance, whenever issued, if the parcels involved were created on or after January 1, 1997, in a manner not in compliance with this division or local ordinances enacted pursuant thereto. (2) Substandard parcels created by the recordation of a final or parcel map approved by the County of Napa on or after December 29, 1955. (3) Substandard parcels lawfully created by the recordation of a record of survey prior to February 27, 1969. (4) Notwithstanding Section 1093 of the Civil Code, property that in the most recently recorded deed, mortgage, patent, deed of trust, contract of sale, or other instrument of conveyance or security document, described by means of a consolidated legal description, whether or not such legal description is comprised of one or more previously existing legal descriptions, provided the owner of same prior to filing an application for development records a document merging any underlying parcel lines that may exist. (e) Notwithstanding the provisions of subdivision (b), the Board of Supervisors of the County of Napa shall not require merger or condition or deny the issuance of any permit or the grant of any approval necessary to develop any real property in a manner that would constitute a taking of the landowner’s property in violation of the United States and California Constitutions. (f) Nothing contained in this section shall be construed as affecting the right of the County of Napa, pursuant to the provisions of Article 1.5 (commencing with Section 66451.10) and Article 1.7 (commencing with Section 66451.30), to merge any parcels of land in the unincorporated area of that county, including, but not limited to, any parcels eligible for the exemption as described in subdivision (d) of Section 66451.22. (Added by Stats. 1997, Ch. 837, Sec. 1. Effective January 1, 1998.)
  68. 66451.23.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    Before the County of Napa adopts an ordinance authorized by Section 66451.22, it must hold at least one public meeting, and local officials must allow public testimony at that meeting.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 local officials shall allow public testimony regarding the proposed ordinance in addition to the noticed public hearing at which the legislative body proposes to enact the ordinance. (Added by Stats. 1997, Ch. 837, Sec. 2. Effective January 1, 1998.)
  69. 66451.24.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. )

    Verify source ↗

    The section allows certain landowners, local agencies, and renewable energy corporations to seek eligible state funding to cover specified parcel-merger and joint-powers-authority costs, and it does not permit state funds to be used to buy real property for a parcel merger.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.5. Merger of Parcels [66451.10 - 66451.24] ( Article 1.5 added by Stats. 1983, Ch. 845, Sec. 2. ) ## 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 financial assistance from eligible state funding sources to defray either of the following costs: (1) The costs of merging parcels, including, but not limited to, escrow costs, on private or public lands pursuant to this article. (2) The costs of establishing or administering a joint powers authority established or authorized to merge parcels on private or public lands, including, but not limited to, all eligible costs, for the purpose of siting renewable energy facilities. (b) This section does not authorize the use of state funds for the acquisition of real property for which a parcel merger will be initiated. (Added by Stats. 2010, Ch. 492, Sec. 1. (SB 1319) Effective January 1, 2011.)
  70. 66451.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    This section requires notice of certain subdivision hearings, and in some conversion cases the local agency must mail notice to each tenant and tell tenants they can appear and be heard.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by the local agency by United States mail to each tenant of the subject property, and shall also include notification of the tenant’s right to appear and be heard. The requirements of this subdivision may be satisfied by service of the notice in compliance with the requirements for service of legal process by mail. (c) Pursuant to Section 66451.2, fees may be collected from the subdivider for expenses incurred under this section. (d) Any interested person may appear at the hearing and shall be heard. (Amended by Stats. 1984, Ch. 1009, Sec. 30.)
  71. 66451.30.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. )

    Verify source ↗

    Certain parcels are treated as not merged if no merger notice was recorded by January 1, 1984 and the listed size, access, planning, and safety conditions are met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. ) ## 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 1, 1984: (a) The parcel meets each of the following criteria: (1) Comprises at least 5,000 square feet in area. (2) Was created in compliance with applicable laws and ordinances in effect at the time of its creation. (3) Meets current standards for sewage disposal and domestic water supply. (4) Meets slope density standards. (5) Has legal access which is adequate for vehicular and safety equipment access and maneuverability. (6) Development of the parcel would create no health or safety hazards. (7) The parcel would be consistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (b) And, with respect to such parcel, none of the following conditions exist: (1) On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code. (2) On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201. (3) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency. (4) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency. (5) Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (A) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (B) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based. For purposes of paragraphs (3) and (4), “mineral resource extraction” means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. Each city or county, as applicable, may establish the standards specified in paragraphs (3) to (7), inclusive, of subdivision (a), which shall be applicable to parcels deemed not to have merged pursuant to this section. (Amended by Stats. 1985, Ch. 796, Sec. 4. Effective September 19, 1985.)
  72. 66451.301.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. )

    Verify source ↗

    Some previously merged parcels are treated as not merged unless specified conditions are all met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. ) ## 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 not been recorded before January 1, 1988, and one or more of the merged parcels or units of land is within one of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 66451.30, the parcels or units of land shall be deemed not to have merged unless all of the following conditions exist: (a) The parcels or units are contiguous and held by the same owner. (b) One or more of the contiguous parcels or units do not conform to minimum parcel size under the applicable general plan, specific plan, or zoning ordinance. (c) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. (d) The parcels or units which do not conform to minimum parcel size were not created by a recorded parcel or final map. If all the conditions described in subdivisions (a), (b), (c), and (d) above exist, only a parcel or unit of land which does not conform to minimum parcel size shall remain merged with a contiguous parcel. (Added by Stats. 1985, Ch. 796, Sec. 5. Effective September 19, 1985.)
  73. 66451.302.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. )

    Verify source ↗

    Certain cities and counties must send a notice by January 1, 1987 to owners of real property affected by Section 66451.301.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. ) ## 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 provisions of Section 66451.301, shall send a notice to all owners of real property affected by Section 66451.301 in substantially the following form: “The city or county sending you this notice has identified one or more parcels of land which you own as potentially subject to a new state law regarding the merger of substandard parcels which are located in one or more of the following categories: (1) On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code. (2) On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, is in a timberland production zone as defined in subdivision (g) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201. (3) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency. (4) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency. (5) [In coastal counties only] Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (i) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (ii) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based.” “The new state law contained in Section 66451.301 of the Government Code, generally provides for parcels or units of land located in one or more of the above-described areas which were merged prior to January 1, 1984, and for which the local agency did not record a notice of merger by January 1, 1988, the parcels are deemed unmerged on January 1, 1988, unless all of the following conditions exist: (a) The parcels or units are contiguous and held by the same owner. (b) One or more of the contiguous parcels or units do not conform to minimum parcel size under the applicable general plan, specific plan, or zoning ordinance. (c) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or necessary structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. (d) The parcels or units which do not conform to minimum parcel size were not created by a recorded parcel or final map. In order to determine whether this new law applies to your property, you should immediately contact the ____ Department of (City or County) to assist you in determining the application of the new law.” “WARNING. Your failure to act may result in the loss of valuable legal rights regarding the property.” (Added by Stats. 1985, Ch. 796, Sec. 6. Effective September 19, 1985.)
  74. 66451.31.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. )

    Verify source ↗

    If the owner applies and pays any fees authorized by Section 66451.33, the local agency must determine whether the parcels have merged or, if they meet Section 66451.30, are deemed not to have merged.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. ) ## 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 parcels have merged or, if meeting the criteria of Section 66451.30, are deemed not to have merged. (Amended by Stats. 1984, Ch. 102, Sec. 4. Effective April 30, 1984.)
  75. 66451.32.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. )

    Verify source ↗

    A local agency must issue and record a parcel-status notice when parcels meet Section 66451.30 standards, or issue and record a merger notice when they do not.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. ) ## 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 county recorder a notice of the status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this article. (b) Upon a determination that the parcels have merged and do not meet the criteria specified in Section 66451.30, the local agency shall issue to the owner and record with the county recorder, a notice of merger as provided in Section 66451.12. (Amended by Stats. 1984, Ch. 102, Sec. 5. Effective April 30, 1984.)
  76. 66451.33.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. )

    Verify source ↗

    A city or county may charge a fee, but only up to the limit allowed by Chapter 13, when someone applies for a determination under Section 66451.30; the owner pays the fee.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1.7. Unmerger of Parcels [66451.30 - 66451.33] ( Article 1.7 added by Stats. 1983, Ch. 845, Sec. 3. ) ## 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 incurred with respect to a parcel for which application for a determination that the parcels meet the criteria of Section 66451.30 is made. (Amended by Stats. 1984, Ch. 102, Sec. 5.5. Effective April 30, 1984.)
  77. 66451.4.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    An advisory agency or legislative body must not disapprove certain map applications just to meet the chapter’s time limits, unless there are other reasons for disapproval.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 in this chapter unless there are reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this chapter. (Added by Stats. 1994, Ch. 977, Sec. 1. Effective January 1, 1995.)
  78. 66451.6.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency may not charge a fee as a condition for approving certain subdivision maps for a mobilehome park conversion, except for specified permit-related or authorized fees.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 not a subdivision, which consists of the conversion of a mobilehome park to condominium or stock cooperative ownership interests, except regulatory fees charged for the issuance of a permit and those fees authorized by Section 66451.2. (Added by Stats. 1984, Ch. 286, Sec. 1.)
  79. 66451.7.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency must act on certain subdivision-related applications within 60 days after the application is deemed complete.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66451 - 66451.7] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 be acted upon by a local agency within 60 days of the application being deemed complete pursuant to Section 65943. (Added by Stats. 1994, Ch. 977, Sec. 2. Effective January 1, 1995.)
  80. 66452.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A tentative map must be filed with the proper local clerk, and a vesting tentative map must be filed and processed the same way unless this division or a local ordinance says otherwise.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 any other officer or employee of the local agency as may be designated by local ordinance. (b) A vesting tentative map shall be filed and processed in the same manner as a tentative map except as otherwise provided by this division or by a local ordinance adopted pursuant to this division. (c) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.” (Amended by Stats. 1984, Ch. 1113, Sec. 5. Operative January 1, 1986, by Sec. 10 of Ch. 1113.)
  81. 66452.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The advisory agency must report or act on a tentative map within 50 days after filing, depending on whether local ordinance gives it approval power. The local agency must also follow the time periods in Public Resources Code Section 21151.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 report on the tentative map to the legislative body within 50 days after the filing thereof with its clerk. (b) If the advisory agency is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, it shall take that action within 50 days after the filing thereof with its clerk and report its action to the subdivider. (c) The local agency shall comply with the time periods referred to in Section 21151.5 of the Public Resources Code. The time periods specified in subdivisions (a) and (b) shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended by Stats. 1989, Ch. 847, Sec. 6.)
  82. 66452.10.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A stock cooperative or community apartment project cannot be converted to a condominium unless the required votes approve it, and the needed conveyance documents must then be executed.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 Business and Professions Code, shall not be converted to a condominium, as defined in Section 783 of the Civil Code, unless the required number of (1) owners and (2) trustees or beneficiaries of each recorded deed of trust and mortgagees of each recorded mortgage in the cooperative or project, as specified in the bylaws, or other organizational documents, have voted in favor of the conversion. If the bylaws or other organizational documents do not expressly specify the number of votes required to approve the conversion, a majority vote of the (1) owners and (2) trustees or beneficiaries of each recorded deed of trust and mortgagees of each recorded mortgage in the cooperative or project shall be required. Upon approval of the conversion as set forth above and in compliance with Sections 4290 and 4295 or Sections 6626 and 6628 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 or 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 or other documents, a majority of owners in the cooperative or project shall be required to execute the conveyances and 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 or project. The provisions of Section 66499.31 shall not apply to a violation of this section. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 59) by Stats. 2013, Ch. 605, Sec. 33. (SB 752) Effective January 1, 2014.)
  83. 66452.11.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Certain tentative subdivision maps, parcel maps, and related California agency approvals get a 24-month extension if they had not expired when the section became effective.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 act that adds this section becomes effective shall be extended by 24 months. (b) The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in Section 66452.6 or 66463.5. (c) Any legislative, administrative, or other approval by any agency of the State of California that pertains to a development project included in a map that is extended pursuant to subdivision (a) shall be extended by 24 months if this approval has not expired on the date that the act that adds this section becomes effective. (Added by Stats. 1993, Ch. 407, Sec. 1. Effective September 13, 1993.)
  84. 66452.12.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A permit tied to a tentative subdivision map for a planned unit development must expire under Section 65863.9, and conditions or requirements may be imposed for issuing a building permit or equivalent permit under Section 65961.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 65863.9. (b) Conditions or requirements for the issuance of a building permit or equivalent permit may be imposed pursuant to Section 65961. (Added by Stats. 1994, Ch. 458, Sec. 6. Effective January 1, 1995.)
  85. 66452.13.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Certain approved tentative subdivision maps, parcel maps, and related state agency approvals are extended by 12 months if they had not already expired when this section took effect.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 approved, that has not expired on or before the date the act that adds this section becomes effective shall be extended by 12 months. (b) The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in Section 66452.11, 66452.6, or 66463.5. (c) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivision (a) shall be extended by 12 months if this approval has not expired on the date that the act that adds this section becomes effective. This extension shall be in addition to any extension provided for in Section 66452.11. (Added by Stats. 1996, Ch. 46, Sec. 1. Effective May 15, 1996.)
  86. 66452.17.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A subdivider or agent must give tenants advance notice before filing a tentative map, and may owe relocation payments if notice is not given.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 notice of the filing, in the form outlined in subdivision (b), to each person applying after that date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider. (b) The notice shall be as follows: “To the prospective occupant(s) of : (address) The owner(s) of this building, at (address), has filed or plans to file a tentative map with the (city, county, or city and county) to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the (city, county, or city and county) and until after a public report is issued by the Bureau of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. _____ _____ (signature of owner or owner’s agent) _____ _____ (dated) I have received this notice on . _____ (date) _____ _____ (prospective tenant’s signature)” (c) Failure by a subdivider or his or her agent to give the notice required in subdivision (a) shall not be grounds to deny the conversion. However, if the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to the notice, and who does not purchase his or her unit pursuant to subparagraph (F) of paragraph (2) of subdivision (a) of Section 66427.1, an amount equal to the sum of the following: (1) Actual moving expenses incurred when moving from the subject property, but not to exceed one thousand one hundred dollars ($1,100). (2) The first month’s rent on the tenant’s new rental unit, if any, immediately after moving from the subject property, but not to exceed one thousand one hundred dollars ($1,100). (d) The requirements of subdivision (c) constitute a minimum state standard. However, nothing in that subdivision shall be construed to prohibit any city, county, or city and county from requiring, by ordinance or charter provision, a subdivider to compensate any tenant, whose tenancy is terminated as the result of a condominium, community apartment project, or stock cooperative conversion, in amounts or by services which exceed those set forth in paragraphs (1) and (2) of that subdivision. If that requirement is imposed by any city, county, or city and county, a subdivider who meets the compensation requirements of the local ordinance or charter provision shall be deemed to satisfy the requirements of subdivision (c). (Amended by Stats. 2013, Ch. 352, Sec. 314. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  87. 66452.18.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    A subdivider must give each tenant notice 60 days before filing a tentative map, using the required notice form.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 tentative map pursuant to Section 66452 in the form outlined in subdivision (b), to each tenant of the subject property. (b) The notice shall be as follows: “To the occupant(s) of : (address) The owner(s) of this building, at (address), plans to file a tentative map with the (city, county, or city and county) to convert this building to a (condominium, community apartment, or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. _____ _____ (signature of owner or owner’s agent) _____ _____ (date)” The written notices to tenants required by this section shall be deemed satisfied if the notices comply with the legal requirements for service by mail. (Added by renumbering Section 66452.9 by Stats. 2008, Ch. 664, Sec. 9. Effective January 1, 2009.)
  88. 66452.19.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    A subdivider must give each tenant written notice of the intent to convert the property at least 180 days before tenancy ends.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 intent to convert 180 days prior to the termination of tenancy in the form outlined in subdivision (b), to each tenant of the subject property. (b) The notice shall be as follows: “To the occupant(s) of : (address) The owner(s) of this building, at (address), plans to convert this building to a (condominium, community apartment, or stock cooperative project). This is a notice of the owner’s intention to convert the building to a (condominium, community apartment, or stock cooperative project). A tentative map to convert the building to a (condominium, community apartment, or stock cooperative project) was approved by the City on _________. If the City approves a final map, you may be required to vacate the premises, but that cannot happen for at least 180 days from the date this notice was served upon you. Any future notice given to you to terminate your tenancy because of the conversion cannot be effective for at least 180 days from the date this notice was served upon you. This present notice is not a notice to terminate your tenancy; it is not a notice that you must now vacate the premises. _____ _____ (signature of owner or owner’s agent) _____ _____ (date)” The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (Added by Stats. 2008, Ch. 664, Sec. 12. Effective January 1, 2009.)
  89. 66452.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section sets deadlines for local review of a tentative map.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 regular meeting of the legislative body following the filing of the advisory agency’s report with it, the legislative body shall fix the meeting date at which the tentative map will be considered by it, which date shall be within 30 days thereafter and the legislative body shall approve, conditionally approve, or disapprove the tentative map within that 30-day period. (b) If there is no advisory agency, the clerk of the legislative body shall submit the tentative map to the legislative body at its next regular meeting which shall approve, conditionally approve or disapprove that map within 50 days thereafter. (c) The local agency shall comply with the time periods referred to in Section 21151.5 of the Public Resources Code. The time periods specified in subdivisions (a) and (b) shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended by Stats. 1989, Ch. 847, Sec. 7.)
  90. 66452.20.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    The subdivider must give each tenant written notice within 5 days after receiving the subdivision public report. Tenants then have an exclusive 90-day right to contract to buy their unit on the same or better terms than the public will initially receive.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 receipt of the subdivision public report to each tenant of his or her exclusive right for at least 90 days after issuance of the subdivision public report to contract for the purchase of his or her respective unit in the form outlined in subdivision (b). (b) The notice shall be as follows: “To the occupant(s) of : (address) The owner(s) of this building, at (address), have received the final subdivision report on the proposed conversion of this building to a (condominium, community apartment, or stock cooperative project). Commencing on the date of issuance of the subdivision public report, you have the exclusive right for 90 days to contract for the purchase of your rental unit upon the same or more favorable terms and conditions than the unit will initially be offered to the general public. _____ _____ (signature of owner or owner’s agent) _____ _____ (date)” The written notices to tenants required by this section shall be deemed satisfied if the notices comply with the legal requirements for service by mail. (Added by Stats. 2008, Ch. 664, Sec. 13. Effective January 1, 2009.)
  91. 66452.21.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    Some subdivision map expiration dates, and certain related state agency approvals, must be extended by 12 months.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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, has been approved that has not expired on the date that the act that added this section became effective and that will expire before January 1, 2011, shall be extended by 12 months. (b) The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, or 66463.5. (c) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivision (a) shall be extended by 12 months if this approval has not expired on the date that the act that added this section became effective. This extension shall be in addition to any extension provided for in Section 66452.13. (d) For purposes of this section, the determination of whether a tentative subdivision map or parcel map expires before January 1, 2011, shall count only those extensions of time pursuant to subdivision (e) of Section 66452.6 or subdivision (c) of Section 66463.5 approved on or before the date that the act that added this section became effective and any additional time in connection with the filing of a final map pursuant to subdivision (a) of Section 66452.6 for a map that was recorded on or before the date that the act that added this section became effective. The determination shall not include any development moratorium or litigation stay allowed or permitted by Section 66452.6 or 66463.5. (Amended by Stats. 2008, Ch. 664, Sec. 14. Effective January 1, 2009.)
  92. 66452.22.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    Certain eligible tentative, vesting tentative, and parcel maps get a 24-month expiration extension, and related state agency approvals tied to those maps also get a 24-month extension in specified circumstances.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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, has been approved that has not expired on July 15, 2009, and that will expire before January 1, 2012, shall be extended by 24 months. (b) The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, or 66463.5. (c) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivision (a) shall be extended by 24 months if this approval has not expired on July 15, 2009. This extension shall be in addition to any extension provided for in Sections 66452.13 and 66452.21. (d) (1) For purposes of this section, the determination of whether a tentative subdivision map or parcel map expires before January 1, 2012, shall count only those extensions of time pursuant to subdivision (e) of Section 66452.6 or subdivision (c) of Section 66463.5 approved on or before July 15, 2009, and any additional time in connection with the filing of a final map pursuant to subdivision (a) of Section 66452.6 for a map that was recorded on or before July 15, 2009. (2) The determination made pursuant to this subdivision shall not include any development moratorium or litigation stay allowed or permitted by Section 66452.6 or 66463.5. (e) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. (Amended by Stats. 2009, Ch. 507, Sec. 4. (AB 1084) Effective January 1, 2010.)
  93. 66452.23.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    Certain tentative maps, vesting tentative maps, parcel maps, and related state agency approvals are extended by 24 months if they meet the stated timing conditions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 been approved that has not expired on or before the date that the act that added this section became effective, and that will expire before January 1, 2014, shall be extended by 24 months. (b) The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, or 66463.5. (c) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivision (a) shall be extended by 24 months if this approval has not expired on or before the date that the act that added this section became effective. This extension shall be in addition to any extension provided for in Sections 66452.13, 66452.21, and 66452.22. (d) (1) For purposes of this section, the determination of whether a tentative map or parcel map expires before January 1, 2014, shall count only those extensions of time pursuant to subdivision (e) of Section 66452.6 or subdivision (c) of Section 66463.5 approved on or before the effective date of the act that added this section, and any additional time in connection with the filing of a final map pursuant to subdivision (a) of Section 66452.6 for a map that was recorded on or before the effective date of the act that added this section. (2) The determination made pursuant to this subdivision shall not include any development moratorium or litigation stay allowed or permitted by Section 66452.6 or 66463.5. (e) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. (Added by Stats. 2011, Ch. 88, Sec. 2. (AB 208) Effective July 15, 2011.)
  94. 66452.24.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section extends certain tentative map and related approval expiration dates, and lets a subdivider appeal a denied extension.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 was approved on or after January 1, 2000, and that has not expired on or before the effective date of the act that added this section, shall be extended by 24 months. (b) Upon application of the subdivider filed at least 90 days prior to the expiration of the approved or conditionally approved tentative map or vesting tentative map, or parcel map for which the tentative map or vesting tentative map, as the case may be, that was approved on or before December 31, 1999, the time at which the map expires shall be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps, for a period of 24 months upon a determination that the map is consistent with the applicable zoning and general plan requirements in effect when the application is filed. If the map is determined not to be consistent with applicable zoning and general plan requirements in effect when the application is filed, the legislative body or advisory agency may deny or conditionally approve an extension for a period of 24 months. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (c) The extension provided by subdivisions (a) and (b) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, or 66463.5. (d) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivisions (a) and (b) shall be extended by 24 months if this approval has not expired on or before the effective date of the act that added this section. This extension shall be in addition to any extension provided for in Sections 66452.13, 66452.21, 66452.22, and 66452.23. (e) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. (Added by Stats. 2013, Ch. 62, Sec. 2. (AB 116) Effective July 11, 2013.)
  95. 66452.25.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    In qualifying counties, certain tentative maps and related maps get their expiration extended, and subdividers can request or appeal extension decisions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2002, and not later than July 11, 2013, and that has not expired on or before the effective date of the act that added this section, shall be extended by 24 months. (b) If the map was approved or conditionally approved within a county described in subdivision (c), upon application of the subdivider filed at least 90 days prior to the expiration of the approved or conditionally approved tentative map or vesting tentative map, or parcel map for which the tentative map or vesting tentative map, as the case may be, that was approved on or before December 31, 2001, the time at which the map expires shall be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps, for a period of 24 months upon a determination that the map is consistent with the applicable zoning and general plan requirements in effect when the application is filed. If the map is determined not to be consistent with applicable zoning and general plan requirements in effect when the application is filed, the legislative body or advisory agency may deny or conditionally approve an extension for a period of 24 months. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (c) This section shall apply within a county when the following conditions within the county are met: (1) The annual mean household income within the county is less than 80 percent of the statewide annual mean income, as determined by the most recent annual report of the federal American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014) published by the United States Census Bureau. (2) The annual nonseasonal unemployment rate is at least 2.75 percent higher than the statewide annual nonseasonal unemployment rate, as defined by the report on Labor Market Review published by the Employment Development Department in January of the year in which the community revitalization plan is prepared. (3) The population for whom poverty status is determined is at least 4 percent higher than the statewide median poverty rate, as determined by the most recent annual report of the American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014). (d) The extension provided by subdivisions (a) and (b) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24, or 66463.5. (e) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivisions (a) and (b) shall be extended by 24 months if this approval has not expired on or before the effective date of the act that added this section. This extension shall be in addition to any extension provided for in Sections 66452.13, 66452.21, 66452.22, 66452.23, and 66452.24. (f) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. (Added by Stats. 2015, Ch. 751, Sec. 2. (AB 1303) Effective October 10, 2015.)
  96. 66452.26.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    A legislative body may extend certain map expiration dates by up to 24 months if the map meets the listed timing and housing-related conditions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 approved on or after January 1, 2006, and not later than July 11, 2013, that relates to the construction of single-family or multifamily housing, and for which the expiration date was extended pursuant to Section 66452.25, and that has not expired on or before the effective date of the act that added this section, may be extended by the legislative body for up to 24 months. (Amended by Stats. 2020, Ch. 370, Sec. 182. (SB 1371) Effective January 1, 2021.)
  97. 66452.27.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    A legislative body in Butte County may extend certain map expiration dates by up to 36 months if the map meets the listed timing and housing-related conditions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 parcel map for which a tentative map or vesting tentative map, as the case may be, was approved on or after January 1, 2006, and not later than March 31, 2019, that relates to the construction of single or multifamily housing, and that has not expired on or before the effective date of the act that added this section. (b) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivision (a) shall be extended by 36 months if the approval has not expired on or before the effective date of the act that added this section. (c) The extension provided by subdivisions (a) and (b) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.21, 66452.22, 66452.23, 66452.24, or 66463.5. (Amended by Stats. 2020, Ch. 370, Sec. 183. (SB 1371) Effective January 1, 2021.)
  98. 66452.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    Local agency staff must put a tentative-map report or recommendation in writing and serve a copy on the subdivider, and in certain residential conversion cases, on each tenant, at least three days before any hearing or action on the map. Fees may also be collected from the subdivider for expenses under this section.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 thereof served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on such map by such advisory agency or legislative body. Pursuant to Section 66451.2, fees may be collected from the subdivider for expenses incurred under this section. (Amended by Stats. 1980, Ch. 1128.)
  99. 66452.4.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    If no timely action is taken on a tentative map, it is deemed approved, and the clerk must certify or state approval; a subdivider may request written certification of approval after deemed approval.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 tentative map or by the legislative body within the time limits specified in this chapter or any authorized extension thereof, the tentative map as filed, shall be deemed to be approved, insofar as it complies with other applicable requirements of this division and any local ordinances, and it shall be the duty of the clerk of the legislative body to certify or state his or her approval. (b) Once a tentative map is deemed approved pursuant to subdivision (a), a subdivider shall be entitled, upon request of the local agency or the legislative body, to receive a written certification of approval. (Amended by Stats. 2003, Ch. 434, Sec. 5. Effective January 1, 2004.)
  100. 66452.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    This section lets certain parties appeal tentative map decisions and sets short filing, hearing, decision, notice, and deemed-approval deadlines.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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, community apartment project, or stock cooperative project, may appeal from any action of the advisory agency with respect to a tentative map to the appeal board established by local ordinance or, if none, to the legislative body. (2) The appeal shall be filed with the clerk of the appeal board, or if there is none, with the clerk of the legislative body within 10 days after the action of the advisory agency from which the appeal is being taken. (3) Upon the filing of an appeal, the appeal board or legislative body shall set the matter for hearing. The hearing shall be held within 45 days after the date of a request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next 45 days for which notice can be given pursuant to Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. Within 10 days following the conclusion of the hearing, the appeal board or legislative body shall render its decision on the appeal. (b) (1) The subdivider, any tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, or the advisory agency may appeal from the action of the appeal board to the legislative body. The appeal shall be filed in writing with the clerk of the legislative body within 10 days after the action of the appeal board from which the appeal is being taken. (2) After the filing of an appeal, the legislative body shall set the matter for hearing. The hearing shall be held within 45 days after the date of the request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next 45 days for which notice can be given pursuant to Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. Within 10 days following the conclusion of the hearing, the legislative body shall render its decision on the appeal. (c) (1) If there is an appeal board and it fails to act upon an appeal within the time limit specified in this chapter, the decision from which the appeal was taken shall be deemed affirmed and an appeal therefrom may thereupon be taken to the legislative body as provided in subdivision (b) of this section. If no further appeal is taken, the tentative map, insofar as it complies with applicable requirements of this division and any local ordinance, shall be deemed approved or conditionally approved as last approved or conditionally approved by the advisory agency, and it shall be the duty of the clerk of the legislative body to certify or state that approval, or if the advisory agency is one that is not authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, the advisory agency shall submit its report to the legislative body as if no appeal had been taken. (2) If the legislative body fails to act upon an appeal within the time limit specified in this chapter, the tentative map, insofar as it complies with applicable requirements of this division and any local ordinance, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the clerk of the legislative body to certify or state that approval. (d) (1) Any interested person adversely affected by a decision of the advisory agency or appeal board may file an appeal with the legislative body concerning any decision of the advisory agency or appeal board. The appeal shall be filed with the clerk of the legislative body within 10 days after the action of the advisory agency or appeal board that is the subject of the appeal. Upon the filing of the appeal, the legislative body shall set the matter for hearing. The hearing shall be held within 45 days after the date of a request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next 45 days for which notice can be given pursuant to Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The hearing may be a public hearing for which notice shall be given in the time and manner provided. (2) Upon conclusion of the hearing, the legislative body shall, within 10 days, declare its findings based upon the testimony and documents produced before it or before the advisory board or the appeal board. The legislative body may sustain, modify, reject, or overrule any recommendations or rulings of the advisory board or the appeal board and may make any findings that are not inconsistent with the provisions of this chapter or any local ordinance adopted pursuant to this chapter. (e) Each decision made pursuant to this section shall be supported by findings that are consistent with the provisions of this division and any local ordinance adopted pursuant to this division. (f) Notice of each hearing provided for in this section shall be sent by United States mail to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to the hearing. The notice requirement of this subdivision shall be deemed satisfied if the notice complies with the legal requirements for service by mail. Pursuant to Section 66451.2, fees may be collected from the subdivider or from persons appealing or filing an appeal for expenses incurred under this section. (Amended by Stats. 2021, Ch. 106, Sec. 4. (SB 414) Effective January 1, 2022.)
  101. 66452.50.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2.5. New Rental Housing: Conversion [66452.50 - 66452.51] ( Article 2.5 added by Stats. 1982, Ch. 1447, Sec. 1. )

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    A local agency may agree to keep condominium units as rental housing for at least 10 years, and tenants must get 180 days’ written notice plus an exclusive right to contract for at least 90 days before conversion.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2.5. New Rental Housing: Conversion [66452.50 - 66452.51] ( Article 2.5 added by Stats. 1982, Ch. 1447, Sec. 1. ) ## 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 or final map for the proposed construction of a condominium development, which requires the obtaining of a tentative or final map under provisions of this division or local ordinances enacted pursuant thereto, enter into a binding agreement with the subdivider mandating that the units be first made available for rental housing for a period of not less than 10 years from the date a certificate of occupancy has been issued for the units within the development; provided that (1) at the expiration of the 10-year period the units within the development may be sold to individual purchasers, in accordance with the approved final map authorizing the development without further proceedings under the provisions of this division or local ordinances enacted pursuant thereto, and (2), except as otherwise provided in subdivision (b), during the period the units are required to be made available for rental purposes, the units are insured or are to be insured or co-insured pursuant to the provisions of Chapter 4 (commencing with Section 51850) of Part 4 of Division 31 of the Health and Safety Code, and (3) each tenant of a unit within the development shall be given 180 days’ written notice prior to actual conversion. Such notice shall include an offer of an exclusive right to contract for his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date written notice of actual conversion was sent to the tenant. Any such agreement shall be in writing, particularly describe the real property and set forth the name or names of the record title owner of the real property affected thereby, and be executed by the person authorized to act on behalf of the local agency and by the subdivider. From the date of execution of the agreement, it shall be binding upon the local agency, the subdivider, and their successors. The fact that a condominium development is subject to such an agreement shall be set forth on the face of any tentative or final map approved by the local agency and the agreement shall be recorded in the office of the county recorder in the county in which the real property is located on or before the date of recordation of the final map. (b) Multifamily rental housing financed on or after January 1, 1983, with the proceeds of sale of tax-exempt bonds sold pursuant to any laws of this state shall not be subject to the requirements of condition (2) prescribed in the first paragraph of subdivision (a), but shall be subject to all the requirements of the law pursuant to which the bonds are being issued, including, but not limited to, any requirement in such law that the housing be maintained as rental housing for a period in excess of 10 years. (Amended by Stats. 1983, Ch. 84, Sec. 1. Effective June 14, 1983.)
  102. 66452.51.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2.5. New Rental Housing: Conversion [66452.50 - 66452.51] ( Article 2.5 added by Stats. 1982, Ch. 1447, Sec. 1. )

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    Before taking any rent or deposit from a prospective tenant, the building owner must give the required notice about the planned conversion.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2.5. New Rental Housing: Conversion [66452.50 - 66452.51] ( Article 2.5 added by Stats. 1982, Ch. 1447, Sec. 1. ) ## 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 ________: (address) The owner(s) of this building at (address), have received a tentative map with (city, county, or city and county) to convert this building to a (condominium, community apartment, or stock cooperative), no sooner than (date). You will be notified at least 180 days prior to the actual conversion. Further, if you still reside in your unit, you will be given an exclusive right to purchase your unit. ___________________ (signature of owner or owner’s agent) ___________________ (dated) I have received this notice on __________. (dated) ___________________ (prospective tenant’s signature) (Added by Stats. 1982, Ch. 1447, Sec. 1.)
  103. 66452.6.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    Approved tentative maps generally expire after 24 months, but the period can be extended or paused in specific situations.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Tentative Maps [66452 - 66452.27] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. (Amended by Stats. 2021, Ch. 162, Sec. 3. (SB 9) Effective January 1, 2022.)
  104. 66453.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    Local agencies may make recommendations on certain proposed subdivisions, and the agency with jurisdiction must exchange maps and consider those recommendations on set timelines.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 66453. (a) A local agency may make recommendations concerning proposed subdivisions in any adjoining city, or in any adjoining unincorporated territory for any proposed subdivision within the planning area of the requesting local agency. A local agency wishing to make recommendations concerning proposed subdivisions shall file with the local agency having jurisdiction over the subdivisions a map indicating the territory for which it wishes to make recommendations. The local agency having jurisdiction shall issue a receipt for the territorial map. (b) Within five days of a tentative map application being determined to be complete pursuant to Section 65943 for a proposed subdivision located, in whole or in part, within the territory outlined on the territorial map, the local agency shall transmit one copy of the proposed tentative map to the requesting local agency. (c) Within 15 days of receiving a copy of a proposed subdivision map, the requesting local agency may submit recommendations to the local agency having jurisdiction. The local agency having jurisdiction shall consider these recommendations before acting on the tentative map. (Amended by Stats. 2004, Ch. 479, Sec. 1. Effective January 1, 2005.)
  105. 66454.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    A subdivider may file a tentative map with a city, but approval can be conditioned on annexation and is not effective until annexation is completed.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 of the city, may be acted upon in the manner provided in Article 2 (commencing with Section 66452) of this chapter, except that if it is approved, such approval shall be conditioned upon annexation of the property to such city within such period of time as shall be specified by the city, and such approval shall not be effective until annexation of such property to the city has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by such adjacent city shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by a city unless annexation thereof to the city is completed prior to the approval of the final map thereof. (Added by Stats. 1974, Ch. 1536.)
  106. 66455.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    The Department of Transportation may file a territorial map with a local agency, and the local agency must issue a receipt, forward the tentative map within five days after completeness, and consider the department’s recommendations before acting.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 within one mile on either or both sides of any state highway routing if the department believes the subdivision would have an effect upon an existing or a future state highway in that territory, the route of which has been adopted by the California Transportation Commission. The local agency having jurisdiction shall issue a receipt for the territorial map. (b) Within five days of a tentative map application being determined to be complete pursuant to Section 65943 for a proposed subdivision located, in whole or in part, within the territory outlined on the territorial map, the local agency shall transmit one copy of the proposed tentative map to the district office of the department in which the proposed subdivision is located. (c) Within 15 days after receiving a copy of the proposed subdivision map, the department may make recommendations to the local agency regarding the effect of the proposed subdivision upon the highway or highway route. The local agency shall consider these recommendations before acting on the tentative map. (Amended by Stats. 1994, Ch. 1075, Sec. 2. Effective January 1, 1995.)
  107. 66455.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    This section lets the Department of Water Resources file a territorial map with a local agency, and requires the local agency to give a receipt, send a tentative map copy in time, and consider the department’s recommendations.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 one mile on either or both sides of any facility of the State Water Resources Development System, if the department believes a proposed subdivision may have an effect upon any existing or planned future facility of the State Water Resources Development System in that territory. The local agency having jurisdiction shall issue a receipt for the territorial map. (b) Within five days of a tentative map application being determined to be complete pursuant to Section 65943 for a proposed subdivision located, in whole or in part, within the territory outlined on the territorial map, the local agency shall transmit one copy of the proposed tentative map to the office of the department nearest the subdivision, unless the department specifies a different office on the territorial map filed with the local agency. (c) Within 15 days after receiving a copy of a proposed subdivision map, the department may make recommendations to the local agency regarding the effect of the proposed subdivision upon the State Water Resources Development System or proposed additions to the system. The local agency having jurisdiction shall consider any recommendations before acting on the tentative map. (Amended by Stats. 1994, Ch. 1075, Sec. 3. Effective January 1, 1995.)
  108. 66455.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    A local agency must send a copy of a complete tentative map application to certain water suppliers within five days.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 complete pursuant to Section 65943, the local agency shall send a copy of the application to any water supplier that is, or may become, a public water system, as defined in Section 10912 of the Water Code, that may supply water for the subdivision. (Added by Stats. 2001, Ch. 642, Sec. 3. Effective January 1, 2002.)
  109. 66455.7.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    A local agency must notify affected school district boards within 5 days after a tentative map application is complete, and the school district may respond with recommendations within 15 days.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 determination to the governing board of any elementary school, high school, or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall identify information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. (b) Within 15 days after receiving the notice, the school district may make recommendations to the local agency regarding the effect of the proposed subdivision upon the school district. If the school district fails to respond within 15 days, the failure to respond shall be deemed approval of the proposed subdivision. The local agency having jurisdiction shall consider any recommendations before acting on the tentative subdivision map. (Amended by Stats. 1994, Ch. 1075, Sec. 4. Effective January 1, 1995.)
  110. 66455.9.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    When a development includes a potential public schoolsite, the advisory agency must give written notice to affected districts and the State Department of Education, including any existing or proposed runways within the Education Code distance. If the site is near a runway, the Department of Education must notify the State Department of Transportation and the site must be investigated under Section 17215.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Review of Tentative Map by Other Agencies [66453 - 66455.9] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 Department of Education written notice of the proposed site. The written notice shall include the identification of any existing or proposed runways within the distance specified in Section 17215 of the Education Code. If the site is within the distance of an existing or proposed airport runway as described in Section 17215 of the Education Code, the department shall notify the State Department of Transportation as required by the section and the site shall be investigated by the State Department of Transportation required by Section 17215. (Amended by Stats. 2000, Ch. 1058, Sec. 120. Effective January 1, 2001.)
  111. 66456.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    A subdivider may have real property surveyed and a final map prepared after a tentative map is approved or conditionally approved, and before that map expires.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map. (Added by Stats. 1974, Ch. 1536.)
  112. 66456.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    A subdivider may file multiple final maps for an approved or conditionally approved tentative map before the tentative map expires, if notice is given or the local agency and subdivider agree.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 subdivider, at the time the tentative map is filed, informs the advisory agency of the local agency of the subdivider’s intention to file multiple final maps on such tentative map, or (b) after filing of the tentative map, the local agency and the subdivider concur in the filing of multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. The right of the subdivider to file multiple final maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps. (Amended by Stats. 1982, Ch. 87, Sec. 18. Effective March 1, 1982.)
  113. 66456.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    Improvement plans tied to certain maps must be prepared by a registered civil engineer and acted on within 60 working days, with at least 15 working days for resubmitted plans.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 and acted on within 60 working days of its submittal, except that at least 15 working days shall be provided for processing any resubmitted improvement plan. The 60 working day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by other than the local agency or, following that review, has been returned to the applicant for correction. (b) The time limits specified in this section for acting on improvement plans may be extended by mutual consent of the subdivider and the advisory agency or legislative body required to act. However, no advisory agency or legislative body may require a routine waiver of time limits as a condition of accepting the improvement plan. A routine waiver may be obtained for the purpose of permitting concurrent processing of other requirements related to the improvement plan or map. (c) If, at the time of submittal or resubmittal, the local agency or designee determines it is unable to meet the time limits of this section, the local agency or designee shall, upon request of the subdivider and for purposes of meeting the time limits, contract or employ a private entity or persons on a temporary basis to perform services necessary to permit the agency or designee to meet the time limits. However, a local agency or designee need not enter into a contract or employ those persons if it determines either of the following: (1) No entities or persons are available or qualified to perform the services. (2) The local agency or designee would be able to perform services in a more rapid fashion by modifying its own work schedule than would any available and qualified persons or entities. A local agency may charge the subdivider fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section. (d) “Improvement plan” means the plan for public improvement as described in Sections 66418 and 66419. (Amended by Stats. 1989, Ch. 847, Sec. 8.)
  114. 66457.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    Final or parcel maps may be filed for approval only after required signatures and acknowledgments are complete, and they must be filed with the city, county, or each relevant territory depending on where the subdivision is located.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 after all required certificates or statements on the map have been signed and, where necessary, acknowledged. (b) If the subdivision lies entirely within the territory of a city, the map shall be filed with the city. If the subdivision lies entirely within unincorporated territory, the map shall be filed with the county. If the subdivision lies partially within two or more territories, the map shall be filed with each, and each shall act thereon as provided in this chapter. (Amended by Stats. 1987, Ch. 982, Sec. 15.)
  115. 66458.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    The legislative body must approve a conforming final map and must disapprove a nonconforming one. If it does not act in time and the map meets the requirements, the map is deemed approved. The section also allows the legislative body to delegate final-map approval or disapproval to a designated official by ordinance.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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, approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the legislative body shall disapprove the map. (b) If the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the clerk of the legislative body shall certify or state its approval thereon. (c) The meeting at which the legislative body receives the map shall be the date on which the clerk of the legislative body receives the map. (d) The legislative body may provide, by ordinance, for the approval or disapproval of final maps by the city or county engineer, surveyor, or other designated official. The legislative body may also provide, by ordinance, that the official may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map. Any ordinance adopted pursuant to this subdivision shall provide that (1) the designated official shall notify the legislative body at its next regular meeting after the official receives the map that the official is reviewing the map for final approval, (2) the designated official shall approve or disapprove the final map within 10 days following the meeting of the legislative body that was preceded by the notice in (4) below, (3) the designated official’s action may be appealed to the legislative body, (4) the clerk of the legislative body shall provide notice of any pending approval or disapproval by a designated official, which notice shall be attached and posted with the legislative body’s regular agenda and shall be mailed to interested parties who request notice, and (5) the legislative body shall periodically review the delegation of authority to the designated official. Except as specifically authorized by this subdivision, the processing of final maps shall conform to all procedural requirements of this division. (Amended by Stats. 1999, Ch. 550, Sec. 21. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
  116. 66459.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    If a qualifying condominium, community apartment, or stock cooperative unit is rented, the owner must give prospective tenants a bold written notice before the rental agreement is signed and before the unit is offered for public sale.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 owner of the project, on or after January 1, 1993, rents a dwelling in that project, he or she shall, prior to offering the separate interest for sale to the general public, deliver the following notice, printed in at least 14-point bold print, prior to the execution of the rental agreement: TO THE PROSPECTIVE TENANTS OF (address) THE UNIT YOU MAY RENT HAS BEEN APPROVED FOR SALE TO THE PUBLIC AS A CONDOMINIUM PROJECT, COMMUNITY APARTMENT PROJECT, OR STOCK COOPERATIVE PROJECT (WHICHEVER APPLIES). THE RENTAL UNIT MAY BE SOLD TO THE PUBLIC, AND, IF IT IS OFFERED FOR SALE, YOUR LEASE MAY BE TERMINATED. YOU WILL BE NOTIFIED AT LEAST 90 DAYS PRIOR TO ANY OFFERING TO SELL. IF YOU STILL LAWFULLY RESIDE IN THE UNIT, YOU WILL BE GIVEN A RIGHT OF FIRST REFUSAL TO PURCHASE THE UNIT. (signature of owner or owner’s agent) (dated) (b) The condominium project, community apartment project, or stock cooperative project shall not be referred to in a lease or rental agreement as an “apartment” or “apartments” on or after the date of the approval by the local agency of the final map for the condominium project, community apartment project, or stock cooperative project in which the final map was approved on or after January 1, 1993. (c) Any tenant of a condominium project, community apartment project, or stock cooperative project pursuant to this section shall be given at least 90 days’ written notice of the intention to sell the rental unit to the general public. This subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or other obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (d) Any tenant who lawfully resides in a condominium project, community apartment project, or stock cooperative project pursuant to this section shall be given a right of first refusal by the subdivider or subsequent owner of the project for the purchase of his or her rental unit upon the same terms and conditions that the unit will be initially offered to the general public or terms and conditions more favorable to the tenant. This right to purchase shall run for a period of 90 days from the date of the notice, unless the tenant gives written notice within the 90-day period of his or her intention not to exercise that right. (e) Failure to comply with this section shall not invalidate the transfer of title to real property. (f) Failure by a subdivider or his or her agent to give the notice required in subdivision (a) shall not be grounds to deny the conversion. However, if the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to that notice, and who does not purchase his or her unit pursuant to subparagraph (F) of paragraph (2) of subdivision (a) of Section 66427.1, an amount equal to the sum of the following: (1) Actual moving expenses incurred when moving from the subject property, but not to exceed one thousand one hundred dollars ($1,100). (2) The first month’s rent on the tenant’s new rental unit, if any, immediately after moving from the subject property, but not to exceed one thousand one hundred dollars ($1,100). (g) This section shall not apply to any of the following: (1) An owner of four dwelling units or less. (2) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, and any subsequent transfer by a mortgagor or beneficiary of a deed of trust who accepts a deed in lieu of foreclosure or purchases the property at a foreclosure sale. (3) Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. For purposes of this paragraph, a “fiduciary” means a state- or federally chartered bank, trust company, savings association, savings bank, credit union, or industrial loan company. (Amended by Stats. 2007, Ch. 612, Sec. 8. Effective January 1, 2008.)
  117. 66462.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    When a final map is being approved and required public improvements are unfinished, the legislative body must require the subdivider to sign one of the listed agreements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 local ordinance have not been completed and accepted in accordance with standards established by the local agency by ordinance applicable at the time of the approval or conditional approval of the tentative map, the legislative body, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements specified by the local agency: (1) An agreement with the local agency upon mutually agreeable terms to thereafter complete the improvements at the subdivider’s expense. (2) An agreement with the local agency to thereafter do either of the following: (A) Initiate and consummate proceedings under an appropriate special assessment act or the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 for the financing and completion of all of the improvements. (B) If the improvements are not completed under a special assessment act or the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5, to complete the improvements at the subdivider’s expense. (b) The standards may be adopted by reference, without posting or publishing them, if they have been printed in book or booklet form and three copies of the books or booklets have been filed for use and examination by the public in the office of the clerk of the legislative body. (c) The local agency entering into any agreement pursuant to this section shall require that performance of the agreement be guaranteed by the security specified in Chapter 5 (commencing with Section 66499). (d) The legislative body may provide, by ordinance, that the agreement entered into pursuant to this section may be entered into by a designated official, in accordance with standards adopted by the local agency. The designated official’s action may be appealed to the legislative body for conformance with this chapter and any applicable local subdivision ordinance. Any ordinance adopted pursuant to this subdivision shall provide that the legislative body shall periodically review this delegation of authority to the designated official. (Amended by Stats. 1998, Ch. 604, Sec. 2. Effective January 1, 1999.)
  118. 66462.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    A local agency may not reject or delay final map approval for a missing offsite-improvement condition in the stated circumstances, and it must act within 120 days to acquire the needed land interest unless it requires an agreement from the subdivider.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Final Maps [66456 - 66462.5] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 which requires the subdivider to construct or install offsite improvements on land in which neither the subdivider nor the local agency has sufficient title or interest, including an easement or license, at the time the final map is filed with the local agency, to permit the improvements to be made. In such cases, unless the city, county, or city and county requires the subdivider to enter into an agreement pursuant to subdivision (c), the city, county or city and county shall, within 120 days of the filing of the final map, pursuant to Section 66457, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of that title. (b) If a city, county, or city and county has not required the subdivider to enter into an agreement pursuant to subdivision (c) and if a city, county, or city and county fails to meet the 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. The waiver shall occur whether or not the city, county, or city and county has postponed or refused approval of the final map pursuant to subdivision (a). (c) Prior to approval of the final map the city, county, or city and county may require the subdivider to enter into an agreement to complete the improvements pursuant to Section 66462 at such time as the city, county, or city and county acquires an interest in the land that will permit the improvements to be made. (d) Nothing in this section precludes a city, county, or city and county from requiring a subdivider to pay the cost of acquiring offsite real property interests required in connection with a subdivision. (e) “Offsite improvements,” as used in this section, does not include improvements that are necessary to assure replacement or construction of housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (Amended by Stats. 2003, Ch. 728, Sec. 1. Effective January 1, 2004.)
  119. 66463.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Parcel Maps [66463 - 66463.5] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    This section lets local ordinance control parcel map processing and filing, with some conditions and time limits tied to other Code sections.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Parcel Maps [66463 - 66463.5] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 modifications thereof shall be as provided by local ordinance. The provisions of Sections 66477.1, 66477.2, and 66477.3 relating to dedications and offers of dedication on final maps, shall apply to dedications and offers of dedications on parcel maps. (b) Whenever a local agency provides, by ordinance, for the approval, conditional approval, or disapproval of parcel maps by the county engineer, surveyor, or other designated official, the local agency may also, by ordinance, provide that the officer may accept or reject dedications and offers of dedication that are made by a statement on the map. (c) Whenever a local agency provides, by ordinance, for the approval of parcel maps by the legislative body, the parcel maps shall be filed pursuant to the procedure for final maps as prescribed by Sections 66457 and 66458. (d) The time limits for action or approval of a tentative map and parcel map for which a tentative map is not required shall be no longer than the time limits contained in Sections 66452.1 and 66452.2. (Amended by Stats. 1989, Ch. 847, Sec. 9.)
  120. 66463.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Parcel Maps [66463 - 66463.5] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    A subdivider may file multiple parcel maps before the tentative map expires if the section’s conditions are met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Parcel Maps [66463 - 66463.5] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 the tentative map if either condition is satisfied: (a) The subdivider, at the time the tentative map is filed, provides a written notice to the advisory agency or the local agency of the subdivider’s intention to file multiple parcel maps on the tentative map. (b) After filing of the tentative map, the local agency and the subdivider concur in the filing of multiple parcel maps. In providing the notice specified in subdivision (a), the subdivider shall not be required to define the number or configuration of the proposed multiple parcel maps. The filing of a parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. The right of the subdivider to file multiple parcel maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple parcel maps. (Added by Stats. 1991, Ch. 907, Sec. 3.)
  121. 66463.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Parcel Maps [66463 - 66463.5] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    Approved or conditionally approved tentative maps expire after 24 months, subject to limited local extension, and expiration ends the proceedings.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Parcel Maps [66463 - 66463.5] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months. (b) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (c) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. Prior to the expiration of an approved or conditionally approved tentative map, upon the application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (d) (1) The period of time specified in subdivision (a) shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (e) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (c), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is, or was, pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (f) For purposes of this section, a development moratorium shall include a water or sewer moratorium or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a parcel map. (g) Notwithstanding subdivisions (a), (b), and (c), for the purposes of Chapter 4.5 (commencing with Section 66498.1), subdivisions (b), (c), and (d) of Section 66498.5 shall apply to vesting tentative maps prepared in connection with a parcel map except that, for purposes of this section, the time periods specified in subdivisions (b), (c), and (d) of Section 66498.5 shall be determined from the recordation of the parcel map instead of the final map. (Amended by Stats. 2008, Ch. 124, Sec. 5. Effective July 15, 2008.)
  122. 66464.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    This section requires the city clerk or the clerk of the board of supervisors to send certain subdivision maps to the county recorder after the stated approvals and filings are complete.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 subdivision or a parcel map, the city clerk shall transmit the map to the county recorder. (b) If a final map or parcel map is subject to Section 66493, after all certificates or statements and security required under Section 66493 have been filed and deposited with the clerk of the board of supervisors and approved by the county, the clerk of the board of supervisors shall certify or state that the certificates and statements have been filed and deposits have been made and shall transmit the final map or parcel map to the county recorder. (c) After the approval by the county of a final or parcel map of a subdivision within unincorporated territory, the map shall be transmitted ultimately to the county recorder. (Amended by Stats. 2001, Ch. 176, Sec. 31. Effective January 1, 2002.)
  123. 66465.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    A subdivider must give the county recorder proof that everyone consenting to filing the final or parcel map is a required record-title owner; otherwise the map cannot be filed.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this division, as shown by the records in the office of the recorder, otherwise the map shall not be filed. For purposes of this section and Sections 66436, 66439, and 66447, a public entity which has obtained a prejudgment order for possession of property pursuant to Section 1255.410 of the Code of Civil Procedure shall be deemed to be the record title owner of the property or property interests described in the order, provided the order for possession has not been stayed or vacated pursuant to Section 1255.420, 1255.430, or 1255.440 of the Code of Civil Procedure, no motion therefor is pending before the court, and the time prescribed by Section 1255.420 of the Code of Civil Procedure for filing a motion for relief from the order has passed. (Amended by Stats. 1979, Ch. 309.)
  124. 66466.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    This section sets deadlines and steps for a county recorder to review final or parcel maps, notify parties if a map is rejected, and handle filing, copying, and indexing after acceptance.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 county recorder rejects a final or parcel map for filing, the county recorder shall, within 10 days thereafter, mail notice to the subdivider and the city engineer if the map is within a city, or the county surveyor if the map is within the unincorporated area, that the map has been rejected for filing, giving the reasons therefor, and that the map is being returned to the city clerk if the map is within a city, or to the clerk of the board if the map is within the unincorporated area, for action by the legislative body. Upon receipt of the map, the clerk shall place the map on the agenda of the next regular meeting of the legislative body and the legislative body shall, within 15 days thereafter, rescind its approval of the map and return the map to the subdivider unless the subdivider presents evidence that the basis for the rejection by the county recorder has been removed. The subdivider may consent to a continuance of the matter; however, the prior approval of the legislative body shall be deemed rescinded during any period of continuance. If a map is returned to the county recorder, the county recorder shall have a new 10-day period to examine the map and either accept or reject it for filing. (c) If the county recorder accepts the map for filing, the acceptance shall be certified on the face thereof. The map shall be stored in any other manner as will assure that the maps will be kept together, safe, and reproducible. The map shall become a part of the official records of the county recorder upon its acceptance by the county recorder for filing. If the preparer of the map provides a postage-paid, self-addressed envelope or postcard with the filing of the map, the county recorder shall provide the preparer of the map with the filing data within 10 days of the filing of the map. For the purposes of this subdivision, “filing data” includes the date, and the recording instrument number or the book or volume and page at which the map is filed by the county recorder. (d) The fee for filing and indexing the map is as prescribed in Section 27372 of the Government Code. (e) The original map shall be stored for safekeeping in a reproducible condition. The county recorder may maintain for public reference a set of counter maps that are prints of the original maps and produce the original maps for comparison upon demand. (f) Upon the filing of any map, including amended maps and certificates of correction for recordation pursuant to this section or any record of survey pursuant to the Professional Land Surveyors’ Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code), the surveyor or engineer who prepared the document shall transmit a copy of the document, including all recording information, to the county surveyor, who shall maintain an index, by geographic location, of the documents. The county surveyor may charge a fee not to exceed the fee charged for recording the document, for purposes of financing the costs of maintaining the index of the documents. The requirements of this subdivision shall not apply to any county that requires a document filed pursuant to this section to be transmitted to the county surveyor and requires that official to maintain an index of those documents. (Amended by Stats. 2022, Ch. 427, Sec. 18. (SB 1489) Effective January 1, 2023.)
  125. 66467.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    The chapter does not stop a final or parcel map from being filed with the county recorder if that map is not required to be filed and it meets this division and any local ordinance.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 required, provided such map meets the requirements of this division and any local ordinance. (Added by Stats. 1974, Ch. 1536.)
  126. 66468.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    When a final or parcel map is filed for record by the county recorder, the map’s validity is automatically and finally determined, and recording it gives constructive notice.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 shall impart cconstructive notice thereof. (Added by Stats. 1974, Ch. 1536.)
  127. 66468.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    If separate documents are recorded at the same time as a final or parcel map under the cited sections, the county recorder must complete the cross-reference to those separate documents.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 complete the cross-reference to such concurrently recorded separate documents. (Added by Stats. 1982, Ch. 87, Sec. 19. Effective March 1, 1982.)
  128. 66468.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The board of supervisors may, by resolution, authorize a county officer to perform certain clerk duties and, in some cases, approve tax-payment security.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Filing Maps With County Recorder [66464 - 66468.2] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 this article. (b) Approve the security for payment of taxes required pursuant to subdivision (b) of Section 66464 if that county officer also performs the other duties required of the clerk of the board of supervisors under that subdivision. (Amended by Stats. 1990, Ch. 1001, Sec. 2.)
  129. 66469.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A filed final map or parcel map may be amended by a certificate of correction or an amending map for listed correction purposes.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. ) ## 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 the following purposes: (a) To correct an error in any course or distance shown thereon. (b) To show any course or distance that was omitted therefrom. (c) To correct an error in the description of the real property shown on the map. (d) To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments. (e) To show the proper location or character of any monument which has been changed in location or character originally was shown at the wrong location or incorrectly as to its character. (f) To correct any additional information filed or recorded pursuant to Section 66434.2, if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map. (g) To correct any other type of map error or omission as approved by the county surveyor or city engineer that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map. (Amended by Stats. 2001, Ch. 176, Sec. 32. Effective January 1, 2002.)
  130. 66470.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A correction map or certificate must be prepared and signed by a registered civil engineer or licensed land surveyor, and the county recorder has filing-related duties after recordation.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. ) ## 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 conform to the requirements of Section 66434, if a final map, or subdivisions (a) to (d), inclusive, and (f) to (i), inclusive, of Section 66445, if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the fee owners of the real property affected by the correction or omission on the date of the filing or recording of the original recorded map. Upon recordation of a certificate of correction, the county recorder shall within 60 days of recording transmit a certified copy to the county surveyor or county engineer who shall maintain an index of recorded certificates of correction. The county recorder may charge a fee, in addition to the fee charged for recording the certificate of correction, which shall be transmitted to the county surveyor or the county engineer, as compensation for the cost of maintaining an index of recorded certificates of correction. The amount of this additional fee shall not exceed the fee which is charged for recording the certificate of correction. If the property affected by a map is located within a city, the county recorder shall, upon request of the city engineer, provide copies of recorded certificates of correction to the city engineer. (Amended by Stats. 2001, Ch. 176, Sec. 33. Effective January 1, 2002.)
  131. 66471.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Local survey officials must examine certain subdivision correction documents, certify compliance, and send them for recordation within set working-day deadlines.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. ) ## 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 made are those set forth in Section 66469, he or she shall certify to this fact on the amending map or certificate of correction. If the subdivision is in the city, such examination and certification shall be by the city surveyor or city engineer. (b) As to a certificate of correction, the county surveyor, city surveyor, or city engineer shall have 20 working days in which to examine the certificate of correction for compliance with Sections 66469 and 66470, endorse a statement on it of his or her examination and certification, and present it to the county recorder for recordation. In the event the submitted certificate of correction fails to comply with Sections 66469 and 66470, the county surveyor, city surveyor, or city engineer shall return it within the same 20 working days to the person who presented it, together with a written statement of the changes necessary to make it conform to the requirements of Sections 66469 and 66470. The licensed land surveyor or registered civil engineer submitting the certificate of correction may then make the changes in compliance with Sections 66469 and 66470 and resubmit the certificate of correction to the county surveyor, city surveyor, or city engineer for approval. The county surveyor, city surveyor, or city engineer shall have 10 working days after resubmission and approval of the certificate of correction to present it to the county recorder for recordation. (Amended by Stats. 1992, Ch. 634, Sec. 3. Effective January 1, 1993.)
  132. 66472.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    After an amending map or certificate of correction is filed or recorded, the county recorder must index the fee owners’ names and the tract designation in the proper indexes.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. ) ## 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 county recorder in which the original map was filed. Upon that filing or recordation, the county recorder shall index the names of the fee owners of the real property reflected on the original recorded map, and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all those corrections in the same manner as though set forth upon the original map. (Amended by Stats. 2001, Ch. 176, Sec. 34. Effective January 1, 2002.)
  133. 66472.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A recorded final map may be modified by a certificate of correction or an amending map only under stated local conditions, and the local agency must limit the hearing to the proposed modification.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 3. Procedure [66451 - 66472.1] ( Chapter 3 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Correction and Amendment of Maps [66469 - 66472.1] ( Article 7 added by Stats. 1974, Ch. 1536. ) ## 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 map may be modified by a certificate of correction or an amending map, if authorized by local ordinance, if the local agency finds that there are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the fee owners of the real property, and if the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and the local agency finds that the map as modified conforms to Section 66474. Any modification shall be set for public hearing as provided for in Section 66451.3. The local agency shall confine the hearing to consideration of, and action on, the proposed modification. (Amended by Stats. 2007, Ch. 343, Sec. 13. Effective January 1, 2008.)
  134. 66473.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency must disapprove a map if it fails required conditions, and it must explain which requirements were not met. A final map can be disapproved only for requirements that applied when the tentative map was approved; the local agency may also provide a waiver procedure for technical, inadvertent errors that do not materially affect the map’s validity.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 pursuant thereto; provided that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and provided further that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. Such local ordinance shall include, but need not be limited to, a procedure for waiver of the provisions of this section when the failure of the map is the result of a technical and inadvertent error which, in the determination of the local agency, does not materially affect the validity of the map. (Amended by Stats. 1976, Ch. 21.)
  135. 66473.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Subdivision designs needing a tentative map must, as far as feasible, include opportunities for passive or natural heating or cooling.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 natural heating or cooling opportunities in the subdivision. (b) (1) Examples of passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure. (2) Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. (c) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and that provision shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or structure under applicable planning and zoning in effect at the time the tentative map is filed. (d) The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added. (e) For the purposes of this section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. (Amended by Stats. 2001, Ch. 873, Sec. 3. Effective January 1, 2002.)
  136. 66473.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A city or county legislative body may require certain subdivisions to include cable television and communication systems for each parcel.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 Section 66426 to provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and Internet services, to each parcel in the subdivision. “Appropriate cable television systems,” as used in this section, means those franchised or licensed to serve the geographical area in which the subdivision is located. This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives. (Amended by Stats. 2004, Ch. 479, Sec. 3. Effective January 1, 2005.)
  137. 66473.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency may not approve certain subdivision maps unless the required legislative-body finding of consistency with the general plan or a specific plan is made.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1. A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan. (Amended by Stats. 1983, Ch. 101, Sec. 89.)
  138. 66473.6.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    If a city or county requires utility facility replacement, undergrounding, or relocation as a condition of map approval, the developer or subdivider must reimburse the telephone or cable company’s costs.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the developer or subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding, or relocation. All these costs shall be billed after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities. (Added by Stats. 1985, Ch. 865, Sec. 1.)
  139. 66473.7.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Local agencies must require proof of sufficient water supply before approving tentative maps for subdivisions, and public water systems must provide written verification within 90 days of a request.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 units, except that for a public water system that has fewer than 5,000 service connections, “subdivision” means any proposed residential development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections. (2) “Sufficient water supply” means the total water supplies available during normal, single-dry, and multiple-dry years within a 20-year projection that will meet the projected demand associated with the proposed subdivision, in addition to existing and planned future uses, including, but not limited to, agricultural and industrial uses. In determining “sufficient water supply,” all of the following factors shall be considered: (A) The availability of water supplies over a historical record of at least 20 years. (B) The applicability of an urban water shortage contingency analysis prepared pursuant to Section 10632 of the Water Code that includes actions to be undertaken by the public water system in response to water supply shortages. (C) The reduction in water supply allocated to a specific water use sector pursuant to a resolution or ordinance adopted, or a contract entered into, by the public water system, as long as that resolution, ordinance, or contract does not conflict with Section 354 of the Water Code. (D) The amount of water that the water supplier can reasonably rely on receiving from other water supply projects, such as conjunctive use, reclaimed water, water conservation, and water transfer, including programs identified under federal, state, and local water initiatives such as CALFED and Colorado River tentative agreements, to the extent that these water supplies meet the criteria of subdivision (d). (E) If a proposed subdivision relies in whole or in part on groundwater, the following factors: (i) For a basin for which a court or the State Water Resources Control Board has adjudicated the rights to pump groundwater, the order or decree adopted by the court or the State Water Resources Control Board. (ii) For a basin that has not been adjudicated, as follows: (I) For a basin designated as high- or medium-priority pursuant to Section 10722.4 of the Water Code, the most recently adopted or revised adopted groundwater sustainability plan or approved alternative. If there is no adopted groundwater sustainability plan or approved alternative, information as to whether the Department of Water Resources has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue. (II) For a basin designated as low- or very low priority pursuant to Section 10722.4 of the Water Code, information as to whether the Department of Water Resources has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue. (3) “Public water system” means the water supplier that is, or may become as a result of servicing the subdivision included in a tentative map pursuant to subdivision (b), a public water system, as defined in Section 10912 of the Water Code, that may supply water for a subdivision. (b) (1) The legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, shall include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply shall be available. Proof of the availability of a sufficient water supply shall be requested by the subdivision applicant or local agency, at the discretion of the local agency, and shall be based on written verification from the applicable public water system within 90 days of a request. (2) If the public water system fails to deliver the written verification as required by this section, the local agency or any other interested party may seek a writ of mandamus to compel the public water system to comply. (3) If the written verification provided by the applicable public water system indicates that the public water system is unable to provide a sufficient water supply that will meet the projected demand associated with the proposed subdivision, then the local agency may make a finding, after consideration of the written verification by the applicable public water system, that additional water supplies not accounted for by the public water system are, or will be, available prior to completion of the subdivision that will satisfy the requirements of this section. This finding shall be made on the record and supported by substantial evidence. (4) If the written verification is not provided by the public water system, notwithstanding the local agency or other interested party securing a writ of mandamus to compel compliance with this section, then the local agency may make a finding that sufficient water supplies are, or will be, available prior to completion of the subdivision that will satisfy the requirements of this section. This finding shall be made on the record and supported by substantial evidence. (c) The applicable public water system’s written verification of its ability or inability to provide a sufficient water supply that will meet the projected demand associated with the proposed subdivision as required by subdivision (b) shall be supported by substantial evidence. The substantial evidence may include, but is not limited to, any of the following: (1) The public water system’s most recently adopted urban water management plan adopted pursuant to Part 2.6 (commencing with Section 10610) of Division 6 of the Water Code. (2) A water supply assessment that was completed pursuant to Part 2.10 (commencing with Section 10910) of Division 6 of the Water Code. (3) A groundwater sustainability plan adopted or alternative approved pursuant to Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code. (4) Other information relating to the sufficiency of the water supply that contains analytical information that is substantially similar to the assessment required by Section 10635 of the Water Code. (d) When the written verification pursuant to subdivision (b) relies on projected water supplies that are not currently available to the public water system, to provide a sufficient water supply to the subdivision, the written verification as to those projected water supplies shall be based on all of the following elements, to the extent each is applicable: (1) Written contracts or other proof of valid rights to the identified water supply that identify the terms and conditions under which the water will be available to serve the proposed subdivision. (2) Copies of a capital outlay program for financing the delivery of a sufficient water supply that has been adopted by the applicable governing body. (3) Securing of applicable federal, state, and local permits for construction of necessary infrastructure associated with supplying a sufficient water supply. (4) Any necessary regulatory approvals that are required in order to be able to convey or deliver a sufficient water supply to the subdivision. (e) If there is no public water system, the local agency shall make a written finding of sufficient water supply based on the evidentiary requirements of subdivisions (c) and (d) and identify the mechanism for providing water to the subdivision. (f) In making any findings or determinations under this section, a local agency, or designated advisory agency, may work in conjunction with the project applicant and the public water system to secure water supplies sufficient to satisfy the demands of the proposed subdivision. If the local agency secures water supplies pursuant to this subdivision, which supplies are acceptable to and approved by the governing body of the public water system as suitable for delivery to customers, it shall work in conjunction with the public water system to implement a plan to deliver that water supply to satisfy the long-term demands of the proposed subdivision. (g) The written verification prepared under this section shall also include a description, to the extent that data is reasonably available based on published records maintained by federal and state agencies, and public records of local agencies, of the reasonably foreseeable impacts of the proposed subdivision on the availability of water resources for agricultural and industrial uses within the public water system’s service area that are not currently receiving water from the public water system but are utilizing the same sources of water. To the extent that those reasonably foreseeable impacts have previously been evaluated in a document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or the National Environmental Policy Act (Public Law 91-190) for the proposed subdivision, the public water system may utilize that information in preparing the written verification. (h) Where a water supply for a proposed subdivision includes groundwater, the public water system serving the proposed subdivision shall evaluate, based on substantial evidence, the extent to which it or the landowner has the right to extract the additional groundwater needed to supply the proposed subdivision. Nothing in this subdivision is intended to modify state law with regard to groundwater rights. (i) This section shall not apply to any residential project proposed for a site that is within an urbanized area and has been previously developed for urban uses, or where the immediate contiguous properties surrounding the residential project site are, or previously have been, developed for urban uses, or housing projects that are exclusively for very low and low-income households. (j) The determinations made pursuant to this section shall be consistent with the obligation of a public water system to grant a priority for the provision of available and future water resources or services to proposed housing developments that help meet the city’s or county’s share of the regional housing needs for lower income households, pursuant to Section 65589.7. (k) The County of San Diego shall be deemed to comply with this section if the Office of Planning and Research determines that all of the following conditions have been met: (1) A regional growth management strategy that provides for a comprehensive regional strategy and a coordinated economic development and growth management program has been developed pursuant to Proposition C as approved by the voters of the County of San Diego in November 1988, which required the development of a regional growth management plan and directed the establishment of a regional planning and growth management review board. (2) Each public water system, as defined in Section 10912 of the Water Code, within the County of San Diego has adopted an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) of the Water Code. (3) The approval or conditional approval of tentative maps for subdivisions, as defined in this section, by the County of San Diego and the cities within the county requires written communications to be made by the public water system to the city or county, in a format and with content that is substantially similar to the requirements contained in this section, with regard to the availability of a sufficient water supply, or the reliance on projected water supplies to provide a sufficient water supply, for a proposed subdivision. (l) Nothing in this section shall preclude the legislative body of a city or county, or the designated advisory agency, at the request of the applicant, from making the determinations required in this section earlier than required pursuant to subdivision (b). (m) Nothing in this section shall be construed to create a right or entitlement to water service or any specific level of water service. (n) Nothing in this section is intended to change existing law concerning a public water system’s obligation to provide water service to its existing customers or to any potential future customers. (o) Any action challenging the sufficiency of the public water system’s written verification of a sufficient water supply shall be governed by Section 66499.37. (Amended by Stats. 2016, Ch. 594, Sec. 1. (SB 1262) Effective January 1, 2017.)
  140. 66474.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A city or county legislative body must deny approval of certain subdivision maps if specified adverse findings are made; it may approve a map if alternate easements will be provided and are substantially equivalent.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 the following findings: (a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Amended by Stats. 1982, Ch. 518, Sec. 4.)
  141. 66474.01.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A local government may approve a tentative map, or a parcel map without a tentative map, if the project has an environmental impact report and the required finding about infeasible mitigation or alternatives was made.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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, if an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) of subdivision (a) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (Amended by Stats. 1994, Ch. 1294, Sec. 1. Effective October 1, 1994.)
  142. 66474.02.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A county legislative body must make specified fire-safety findings before approving certain subdivision maps in high-risk fire areas, and must send those findings and maps to the State Board of Forestry and Fire Protection.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall, except as provided in subdivision (b), make the following findings: (1) A finding supported by substantial evidence in the record that the subdivision is consistent with regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resources Code or consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations. (2) A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities: (A) A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity. (B) The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code. (b) Upon 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 high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall transmit a copy of the findings required in subdivision (a) and accompanying maps to the State Board of Forestry and Fire Protection. (c) (1) Subdivision (a) does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open space purpose and if, for the subdivision of land that would result in parcels that are 40 acres or smaller in size, those parcels are subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure. All other structures shall comply with defensible space requirements described in Section 51182 of this code or Sections 4290 and 4291 of the Public Resources Code. (2) Any later approval to remove a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, that would allow the development of a building or structure for a parcel that has previously been exempted from the requirements of subdivision (a) pursuant to paragraph (1) of this subdivision shall be subject to the requirements of subdivision (a). (d) This section does not supersede regulations established by the State Board of Forestry and Fire Protection or local ordinances that provide equivalent or more stringent minimum requirements than those contained within this section. (Amended by Stats. 2018, Ch. 624, Sec. 5. (SB 1260) Effective January 1, 2019.)
  143. 66474.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A legislative body may not deny approval of a final or parcel map when it has already approved the tentative map and the final or parcel map substantially complies with it.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 that the final or parcel map is in substantial compliance with the previously approved tentative map. (Amended by Stats. 1982, Ch. 87, Sec. 22. Effective March 1, 1982.)
  144. 66474.10.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    If engineering or land surveying conditions are imposed on certain maps, those conditions must be reviewed by the appropriate city or county engineer/surveyor for compliance with generally accepted practices.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 which a tentative map was not required, those conditions shall be reviewed by the city engineer, city surveyor, county engineer or county surveyor, as appropriate, to determine compliance with generally accepted engineering or surveying practices. (Added by Stats. 1989, Ch. 847, Sec. 11.)
  145. 66474.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    For tentative map applications, a local agency generally must use only the ordinances, policies, and standards in effect when the application is complete, unless the listed exceptions apply.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 agency shall apply only those ordinances, policies, and standards in effect at the date the local agency has determined that the application is complete pursuant to Section 65943 of the Government Code. (b) Subdivision (a) shall not apply to a local agency which, before it has determined an application for a tentative map to be complete pursuant to Section 65943, has done both of the following: (1) Initiated proceedings by way of ordinance, resolution, or motion. (2) Published notice in the manner prescribed in subdivision (a) of Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plans, or zoning or subdivision ordinances. A local agency which has complied with this subdivision may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the local agency approves or disapproves the tentative map. (c) If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant’s request shall apply. (Amended by Stats. 1989, Ch. 847, Sec. 10.)
  146. 66474.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A city or county legislative body must let a covered project proceed consistently with the approved tentative map if a previously enacted initiative would likely cause default on land-secured bonds for project infrastructure. It may still condition or deny certain approvals in health, safety, or legal-compliance situations.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 tentative map has been approved will be affected by a previously enacted initiative measure to the extent that there is likely to be a default on land-secured bonds issued to finance infrastructure on the project, the legislative body shall allow that portion of the project served by that infrastructure to proceed in a manner consistent with the approved tentative map or vesting tentative map. (b) For purposes of this section, land-secured bond means any bond issued pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5, so long as the bond was issued and sold at least 90 days before the proposed initiative was adopted by either popular vote at an election or by ordinance adopted by the legislative body. (c) Notwithstanding subdivision (a), the legislative body may condition or deny a permit, approval, extension, or entitlement if it determines any of the following: (1) A 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) An approved or conditionally approved tentative or vesting tentative map shall be subject to the periods of time set forth in Section 66452.6. (e) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the tentative map or of the vesting tentative map. (f) An approved or conditionally approved tentative map or vesting tentative map shall not limit a legislative body 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 or 66498.1. (Added by Stats. 1988, Ch. 1561, Sec. 2.)
  147. 66474.4.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    City or county legislative bodies must deny certain subdivision map approvals for protected agricultural land, but may approve smaller parcels in limited cases.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 that either the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, and if the legislative body finds that the land is subject to any of the following: (1) A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256. (2) An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5). (3) An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code. (4) A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code. (b) (1) For purposes of this section, land shall be conclusively presumed to be in parcels too small to sustain their agricultural use if the land is (A) less than 10 acres in size in the case of prime agricultural land, or (B) less than 40 acres in size in the case of land that is not prime agricultural land. (2) For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is (A) at least 10 acres in size in the case of prime agricultural land, or (B) at least 40 acres in size in the case of land that is not prime agricultural land. (c) A legislative body may approve a subdivision with parcels smaller than those specified in this section if the legislative body makes either of the following findings: (1) The parcels can nevertheless sustain an agricultural use permitted under the contract or easement, or are subject to a written agreement for joint management pursuant to Section 51230.1 and the parcels that are jointly managed total at least 10 acres in size in the case of prime agricultural land or 40 acres in size in the case of land that is not prime agricultural land. (2) One of the parcels contains a residence and is subject to Section 428 of the Revenue and Taxation Code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least 10 years; and the remaining parcels shown on the map are at least 10 acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land. (d) No other homesite parcels as described in paragraph (2) of subdivision (c) may be created on any remaining parcels under contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5) for at least 10 years following the creation of a homesite parcel pursuant to this section. (e) This section shall not apply to land that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5) when any of the following has occurred: (1) A local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Sections 51243 and 51243.5. (2) Written notice of nonrenewal of the contract has been served, as provided in Section 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract. (3) The board or council has granted tentative approval for cancellation of the contract as provided in Section 51282. (f) This section shall not apply during the three-year period preceding the termination of a contract described in paragraph (1) of subdivision (a). (g) This section shall not be construed as limiting the power of legislative bodies to establish minimum parcel sizes larger than those specified in subdivision (a). (h) This section does not limit the authority of a city or county to approve a tentative or parcel map with respect to land subject to an easement described in this section for which agriculture is the primary purpose if the resulting parcels can sustain uses consistent with the intent of the easement. (i) This section does not limit the authority of a city or county to approve a tentative or parcel map with respect to land subject to an easement described in this section for which agriculture is not the primary purpose if the resulting parcels can sustain uses consistent with the purposes of the easement. (j) Where an easement described in this section contains language addressing allowable land divisions, the terms of the easement shall prevail. (k) The amendments to this section made in the 2002 portion of the 2001–02 Regular Session of the Legislature shall apply only with respect to contracts or easements entered into on or after January 1, 2003. (Amended by Stats. 2003, Ch. 296, Sec. 19. Effective January 1, 2004.)
  148. 66474.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Local city and county bodies in the Sacramento-San Joaquin Valley must deny certain subdivision map approvals in flood hazard zones unless specified flood-protection findings are made.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 county within the Sacramento-San Joaquin Valley shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, for a subdivision that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following: (1) The facilities of the State Plan of Flood Control or other flood management facilities protect the subdivision to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas. (2) The city or county has imposed conditions on the subdivision that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas. (3) The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. Except as provided in Sections 65962.1, 65962.2, and 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025. (4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record. (b) The effective date of amendments referred to in this section shall be the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision. (c) This section does not change or diminish existing requirements of local flood plain management laws, ordinances, resolutions, or regulations necessary to local agency participation in the national flood insurance program. (Amended by Stats. 2025, Ch. 777, Sec. 4. (SB 639) Effective January 1, 2026.)
  149. 66474.6.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A local agency’s governing body must determine whether waste from a proposed subdivision would violate existing water board requirements, and it may reject the tentative map if it would.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the governing body finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision. (Added by Stats. 1974, Ch. 1536.)
  150. 66474.60.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    In cities with more than 2,800,000 people, local ordinances may set a proper and reasonable fee for examining tentative and final subdivision maps.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 final maps thereof, and the procedure to be followed in securing official approval are governed by the provisions of this chapter and by the additional provisions of local ordinances dealing with subdivisions, the enactment of which is required by this chapter. (b) Local ordinances may provide a proper and reasonable fee to be collected from the subdivider for the examination of tentative and final maps. (Amended by Stats. 1982, Ch. 518, Sec. 5.)
  151. 66474.61.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. )

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    In cities over 2,800,000 population, the advisory agency, appeal board, or legislative body must deny map approval if any listed findings are made; the legislative body may approve a map if substitute easements are provided and are substantially equivalent.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 map for which a tentative map was not required, if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the legislative body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subdivision shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Amended by Stats. 1982, Ch. 518, Sec. 6.)
  152. 66474.62.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    In large cities, a legislative body cannot deny approval of a final subdivision map if a tentative map was already approved and the final map substantially complies with that tentative map and its approval conditions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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, the advisory agency, or the appeal board has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map and with the conditions to the approval thereof. (Amended by Stats. 2008, Ch. 179, Sec. 115. Effective January 1, 2009.)
  153. 66474.63.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    In cities with more than 2,800,000 people, the advisory agency, appeal board, or legislative body must decide whether a proposed subdivision’s waste discharge into an existing community sewer system would violate California regional water quality control board requirements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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 the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the advisory agency, appeal board or legislative body finds that the proposed waste discharge would result in or add to violation of requirements of such board, the body making such finding may disapprove the tentative map or maps of the subdivision. (Added by Stats. 1974, Ch. 1536.)
  154. 66474.64.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    In certain large cities, an advisory agency must notify the subdivider and nearby property owners of a hearing and then hold a public hearing before reporting its action to the subdivider.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Advisory Agencies [66474.60 - 66474.64] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 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, the advisory agency shall, prior to making its report to the subdivider upon a subdivision as defined in this chapter, give notice of hearing in such manner as may be prescribed by local ordinance to the subdivider and to all property owners within 300 feet of the proposed subdivision and pursuant thereto shall conduct a public hearing at which time all persons interested in or affected by such proposed subdivision shall be heard. (Added by Stats. 1974, Ch. 1536.)
  155. 66474.7.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A governing body may delegate certain subdivision-related responsibilities to an advisory agency or appeal board if it adopts an ordinance allowing appeals back to the governing body.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 board provided the governing body adopts an ordinance which allows any interested person to appeal any decision of the advisory agency or the appeal board relative to such matters to the governing body. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5. (Added by Stats. 1974, Ch. 1536, Sec. 4.55.)
  156. 66474.8.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A grading or drainage rule generally cannot be applied to certain subdivision work if the work is done under an approved or conditionally approved tentative, final, or parcel map.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 pursuant to Section 17922 or 17958 of the Health and Safety Code, shall apply to the construction of design or improvement work, including the rough grading of lots within the subdivision, performed pursuant to, or in connection with an approved or conditionally approved tentative map, final map, or parcel map unless the local agency has no other applicable ordinance, regulation, policy, or procedure which regulates or prescribes standards for grading or drainage for subdivision design or improvement. (Added by Stats. 1985, Ch. 1504, Sec. 6.)
  157. 66474.9.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. )

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    A local agency generally cannot force a subdivider to indemnify it for map-review claims, but it may require indemnity for certain subdivision-approval challenges. The agency must also notify the subdivider promptly and cooperate in the defense if it uses that condition.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General [66473 - 66474.10] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 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 the subdivider or an agent of the subdivider, defend, indemnify, or hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency as a result of the action or inaction of the local agency, advisory agency, appeal board, or legislative body in reviewing, approving, or denying the map. (b) (1) A local agency may require, as a condition for a tentative, parcel, or final map application or approval, that the subdivider defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37. (2) Any condition imposed pursuant to this subdivision shall include the requirement that the local agency promptly notify the subdivider of any claim, action, or proceeding and that the local agency cooperate fully in the defense. If the local agency fails to promptly notify the subdivider of any claim, action, or proceeding, or if the local agency fails to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the local agency. (c) Nothing contained in this section prohibits the local agency from participating in the defense of any claim, action, or proceeding, if both of the following occur: (1) The agency bears its own attorney’s fees and costs. (2) The agency defends the action in good faith. (d) The subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the subdivider. (Added by Stats. 1986, Ch. 789, Sec. 6.)
  158. 66475.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local ordinance may require dedication or an irrevocable offer of dedication of real property in a subdivision for specified public uses.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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, alleys, including access rights and abutter’s rights, drainage, public utility easements and other public easements. Such irrevocable offers may be terminated as provided in subdivisions (c) and (d) of Section 66477.2. (Added by Stats. 1974, Ch. 1536.)
  159. 66475.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A subdivider who must dedicate roadways to the public may also be required to dedicate additional land for bicycle paths.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision. (Amended by Stats. 2001, Ch. 873, Sec. 4. Effective January 1, 2002.)
  160. 66475.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local ordinance may require land dedication or an irrevocable offer of dedication for local transit facilities, but in certain airspace subdivision projects only fees in lieu of dedication may be required.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision. The irrevocable offers may be terminated as provided in subdivisions (c) and (d) of Section 66477.2. (b) Only the payment of fees in lieu of the dedication of land may be required in subdivisions that consist of the subdivision of airspace in existing buildings into condominium projects, stock cooperatives, or community apartment projects, as those terms are defined in Sections 4105, 4125, and 4190 or Sections 6542 and 6566 of the Civil Code. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 60) by Stats. 2013, Ch. 605, Sec. 34. (SB 752) Effective January 1, 2014.)
  161. 66475.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    A city or county may adopt an ordinance that requires solar easements as a condition of tentative map approval, but the ordinance must include specified standards and does not apply to certain condominium airspace subdivisions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 condition of the approval of a tentative map, the dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought shall have the right to receive sunlight across adjacent parcels or units in the subdivision for which approval is sought for any solar energy system, provided that such ordinance contains all of the following: (1) Specifies the standards for determining the exact dimensions and locations of such easements. (2) Specifies any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement. (3) Specifies the terms or conditions, if any, under which an easement may be revised or terminated. (4) Specifies that in establishing such easements consideration shall be given to feasibility, contour, configuration of the parcel to be divided, and cost, and that such easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed. (5) Specifies that the ordinance is not applicable to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added. For the purposes of this section, “solar energy systems” shall be defined as set forth in Section 801.5 of the Civil Code. For purposes of this section, “feasibility” shall have the same meaning as set forth in Section 66473.1 for the term “feasible”. (Added by Stats. 1978, Ch. 1154.)
  162. 66476.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    A local ordinance may require street dedications or offers of dedication to include a waiver of direct access rights.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 street from any property shown on a final or parcel map as abutting thereon and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions. (Added by Stats. 1974, Ch. 1536.)
  163. 66477.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    A city or county legislative body may, by ordinance, require land dedication, fees in lieu, or both for park or recreational purposes when approving a tentative map or parcel map, if the section’s conditions are met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map or parcel map, if all of the following requirements are met: (1) The ordinance has been in effect for a period of 30 days prior to the filing of the tentative map of the subdivision or parcel map. (2) The ordinance includes definite standards for determining the proportion of a subdivision to be dedicated and the amount of any fee to be paid in lieu thereof. The amount of land dedicated or fees paid shall be based upon the residential density, which shall be determined on the basis of the approved or conditionally approved tentative map or parcel map and the average number of persons per household. There shall be a rebuttable presumption that the average number of persons per household by units in a structure is the same as that disclosed by the most recent available federal census or a census taken pursuant to Chapter 17 (commencing with Section 40200) of Part 2 of Division 3 of Title 4. However, the dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide three acres of park area per 1,000 persons residing within a subdivision subject to this section, unless the amount of existing neighborhood and community park area, as calculated pursuant to this subdivision, exceeds that limit, in which case the legislative body may adopt the calculated amount as a higher standard not to exceed five acres per 1,000 persons residing within a subdivision subject to this section. (A) The park area per 1,000 members of the population of the city, county, or local public agency shall be derived from the ratio that the amount of neighborhood and community park acreage bears to the total population of the city, county, or local public agency as shown in the most recent available federal census. The amount of neighborhood and community park acreage shall be the actual acreage of existing neighborhood and community parks of the city, county, or local public agency as shown on its records, plans, recreational element, maps, or reports as of the date of the most recent available federal census. (B) For cities incorporated after the date of the most recent available federal census, the park area per 1,000 members of the population of the city shall be derived from the ratio that the amount of neighborhood and community park acreage shown on the maps, records, or reports of the county in which the newly incorporated city is located bears to the total population of the new city as determined pursuant to Section 11005 of the Revenue and Taxation Code. In making any subsequent calculations pursuant to this section, the county in which the newly incorporated city is located shall not include the figures pertaining to the new city which were calculated pursuant to this paragraph. Fees shall be payable at the time of the recording of the final map or parcel map, or at a later time as may be prescribed by local ordinance. (3) (A) The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, except as provided in subparagraph (B). (B) Notwithstanding subparagraph (A), fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following requirements are met: (i) The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population. (ii) The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds the ratio calculated pursuant to subparagraph (A) of paragraph (2), but in no event is less than three acres per 1,000 persons. (iii) The legislative body holds a public hearing before using the fees pursuant to this subparagraph. (iv) The legislative body makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used. (v) The fees are used within a specified radius that complies with the city’s or county’s ordinance adopted pursuant to subdivision (a), and are consistent with the adopted general plan or specific plan of the city or county. For purposes of this clause, “specified radius” includes a planning area, zone of influence, or other geographic region designated by the city or county, that otherwise meets the requirements of this section. (4) The legislative body has adopted a general plan or specific plan containing policies and standards for parks and recreational facilities, and the park and recreational facilities are in accordance with definite principles and standards. (5) The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (6) (A) The city, county, or other local public agency to which the land or fees are conveyed or paid shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Any fees collected under the ordinance shall be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. (B) The city, county, or other local agency to which the land or fees are conveyed or paid may enter into a joint or shared use agreement with one or more other public districts in the jurisdiction, including, but not limited to, a school district or community college district, in order to provide access to park or recreational facilities to residents of subdivisions with fewer than three acres of park area per 1,000 members of the population. (7) Only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Sections 4105, 4125, and 4190 of the Civil Code, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. (8) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section. However, in that event, a condition may be placed on the approval of a parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit. (9) If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by the ordinance. (b) Land or fees required under this section shall be conveyed or paid directly to the local public agency which provides park and recreational services on a communitywide level and to the area within which the proposed development will be located, if that agency elects to accept the land or fee. The local agency accepting the land or funds shall develop the land or use the funds in the manner provided in this section. (c) If park and recreational services and facilities are provided by a public agency other than a city or county, the amount and location of land to be dedicated or fees to be paid shall, subject to paragraph (2) of subdivision (a), be jointly determined by the city or county having jurisdiction and that other public agency. (d) This section does not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added. (e) Common interest developments, as defined in Section 4100 of the Civil Code, shall be eligible to receive a credit, as determined by the legislative body, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses. (f) Park and recreation purposes shall include land and facilities for the activity of “recreational community gardening,” which activity consists of the cultivation by persons other than, or in addition to, the owner of the land, of plant material not for sale. (g) As used in this section with regard to the expenditure of fees, the term “fee” includes any interest income generated from a fee charged and collected pursuant to this section. (h) This section shall be known, and may be cited, as the Quimby Act. (i) This section shall become operative on January 1, 2021. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 276, Sec. 2. (AB 1191) Effective January 1, 2016. Section operative January 1, 2021, by its own provisions.)
  164. 66477.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    When a final map is approved, the legislative body or designated official must accept, accept with improvements, or reject any dedication offer, and the clerk must record that action on the map.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 shall also accept, accept subject to improvement, or reject any offer of dedication. The clerk of the legislative body shall certify or state on the map the action by the legislative body or designated official. (b) The legislative body of a county, or a county officer designated by the legislative body, may accept into the county road system, pursuant to Section 941 of the Streets and Highways Code, any road for which an offer of dedication has been accepted or accepted subject to improvements. (Amended by Stats. 1998, Ch. 604, Sec. 3. Effective January 1, 1999.)
  165. 66477.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    This section sets when rejected dedication offers may later be accepted, how long certain coastal and waterway access dedications stay open, and when unaccepted offers are treated as abandoned or terminated.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section 771.010 of the Code of Civil Procedure, the offer of dedication shall remain open and the legislative body may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder. (b) In the case of any subdivision fronting upon the ocean coastline or bay shoreline, the offer of dedication of public access route or routes from public highways to land below the ordinary high watermark shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river, or stream and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, the offer of dedication of public access route or routes from public highways to any water of the lake or reservoir shall be accepted within five years after the approval of the final map; all other offers of dedication may be accepted at any time. (c) Offers of dedication which are covered by subdivision (a) may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. (d) Offers of dedication which are not accepted within the time limits specified in subdivision (b) shall be deemed abandoned. (e) Except as provided in Sections 66499.16, 66499.17, and 66499.18, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the legislative body. The map shall contain a notation identifying the offer or offers of dedication deemed terminated by this subdivision. (Amended by Stats. 1994, Ch. 458, Sec. 9. Effective January 1, 1995.)
  166. 66477.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    Acceptance of offers of dedication on a final map is not effective until the final map or a resolution of acceptance is filed with the county recorder.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 acceptance by the legislative body is filed in such office. (Added by Stats. 1974, Ch. 1536.)
  167. 66477.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    Local agencies must record and later reconvey certain dedicated property, and must give the subdivider 60 days’ notice before disposing of it unless the same public purpose will continue.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 for open space, parks, or schools, shall record a certificate with the county recorder in the county in which the property is located. The certificate shall be attached to the map and shall contain all of the following information: (1) The name and address of the subdivider dedicating the property. (2) A legal description of the real property dedicated. (3) A statement that the local agency shall reconvey the property to the subdivider if the local agency makes a determination pursuant to this section that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities, as specified in subdivision (c). (b) The subdivider may request that the local agency make the determination that the same public purpose for which the dedication was required still exists, after payment of a fee which shall not exceed the amount reasonably required to make the determination. The determination may be made by reference to a capital improvement plan as specified in Section 65403 or 66002, an applicable general or specific plan requirement, the subdivision map, or other public documents that identify the need for the dedication. (c) If a local agency has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider or the successor in interest, as specified in subdivision (a), except for all or any portion of the property that is required for that same public purpose or for public utilities. (d) If a local agency decides to vacate, lease, sell, or otherwise dispose of the dedicated property the local agency shall give at least 60 days notice to the subdivider whose name appears on the certificate before vacating, leasing, selling, or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated. (e) This section shall only apply to property required to be dedicated on or after January 1, 1990. (Added by Stats. 1989, Ch. 822, Sec. 1.)
  168. 66478.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. )

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    A city or county may require a subdivider to dedicate land for elementary school sites, but the demand is limited by feasibility rules and timing requirements.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Dedications [66475 - 66478] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 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 development of one or more subdivisions in one or more school districts maintaining an elementary school to dedicate to the school district, or districts, within which such subdivisions are to be located, such land as the local legislative body shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service. In no case shall the local legislative body require the dedication of an amount of land which would make development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board. An ordinance adopted pursuant to this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps in accordance with Article 2 (commencing with Section 66452) of Chapter 3 of this division. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of dedication is imposed by the city or county, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after, the filing of the final map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts: (a) The cost of any improvements to the dedicated land since acquisition by the subdivider. (b) The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication. (c) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. If the land is not used by the school district, as a school site, within 10 years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor. The school district to which the property is dedicated shall record a certificate with the county recorder in the county in which the property is located. The certificate shall contain the following information: (1) The name and address of the subdivider dedicating the property. (2) A legal description of the real property dedicated. (3) A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within 10 years after dedication. (4) Proof of the acceptance of the dedication by the school district and the date of the acceptance. The certificate shall be recorded not more than 10 days after the date of acceptance of the dedication. The subdivider shall have the right to compel the school district to record such certificate, but until such certificate is recorded, any rights acquired by any third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider. If any subdivider is aggrieved by, or fails to agree to the reasonableness of any requirement imposed pursuant to this section, he may bring a special proceeding in the superior court pursuant to Section 66499.37. (Added by Stats. 1974, Ch. 1536.)
  169. 66478.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

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    The Legislature states that Sections 66478.1 through 66478.10 are intended to implement Section 4 of Article X of the California Constitution as applied to navigable waters.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 California Constitution insofar as Sections 66478.1 through 66478.10 are applicable to navigable waters. (Amended by Stats. 1986, Ch. 1019, Sec. 27.)
  170. 66478.10.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The article’s rules do not apply to industrial subdivisions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 66478.10. Nothing in Sections 66478.1 through 66478.10 of this article shall apply to industrial subdivisions. (Added by Stats. 1974, Ch. 1536.)
  171. 66478.11.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Local agencies generally may not approve coastal or shoreline subdivision maps unless reasonable public access is provided or available.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 provide or have available reasonable public access by fee or easement from public highways to land below the ordinary high water mark on any ocean coastline or bay shoreline within or at a reasonable distance from the subdivision. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and the map shall expressly designate the governmental entity to which the route or routes are dedicated. (b) Reasonable public access, as used in subdivision (a), shall be determined by the local agency in which the subdivision lies. (c) In making the determination of what shall be reasonable public access, the local agency shall consider: (1) That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel. (2) The size of the subdivision. (3) The type of coastline or shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish and scientific exploration. (4) The likelihood of trespass on private property and reasonable means of avoiding the trespass. (d) Nothing in this section shall require a local agency to disapprove either a tentative or final map solely on the basis that the reasonable public access otherwise required by this section is not provided through or across the subdivision itself, if the local agency makes a finding that the reasonable public access is otherwise available within a reasonable distance from the subdivision and identifies the location of the reasonable public access. The finding shall be set forth on the face of the tentative or final map. (e) The provisions of this section shall not apply to the final map of any subdivision the tentative map of which has been approved by a local agency prior to the effective date of this section. (f) The provisions of this section shall not apply to the final or tentative map of any subdivision which is in compliance with the plan of any planned development or any planned community which has been approved by a local agency prior to December 31, 1968. The exclusion provided by this subdivision shall be in addition to the exclusion provided by subdivision (e). (g) Nothing in this section shall be construed as requiring the subdivider to improve any access route or routes which are primarily for the benefit of nonresidents of the subdivision area. (h) Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any state or local agency by the governmental entity to which the route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular state or local agency. The conveyance or transfer shall be recorded by the recipient state or local agency in the office of the county recorder of the county in which the route or routes are located. (Amended by Stats. 2002, Ch. 1109, Sec. 6. Effective January 1, 2003.)
  172. 66478.12.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Local agencies may not approve certain subdivision maps near lakes or reservoirs unless reasonable public access is available, and the access route and dedication details are shown on the map.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 entirely by any public agency including the state, which subdivision does not provide or have available reasonable access by fee or easement from public highways to any water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and the map shall expressly designate the governmental entity to which the route or routes are dedicated and its acceptance of the dedication. (b) Reasonable access, as used in subdivision (a), shall be determined by the local agency in which the subdivision lies. (c) In making the determination of what shall be reasonable access, the local agency shall consider: (1) That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel. (2) The size of the subdivision. (3) The type of shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific exploration, and teaching. (4) The likelihood of trespass on private property and reasonable means of avoiding the trespasses. (d) Nothing in this section shall require a local agency to disapprove either a tentative or final map solely on the basis that the reasonable access otherwise required by this section is not provided through or across the subdivision itself, if the local agency makes a finding that the reasonable access is otherwise available within a reasonable distance from the subdivision and identifies the location of the reasonable public access. The finding shall be set forth on the face of the tentative or final map. (e) The provisions of this section shall not apply to the final map of any subdivision the tentative map of which has been approved by a local agency prior to the effective date of this section. (f) Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any state or local agency by the governmental entity to which the route or routes have been dedicated, at any future time, by mutual consent of the governmental entity and the particular state or local agency. The conveyance or transfer shall be recorded by the recipient state or local agency in the office of the county recorder of the county in which the route or routes are located. (Amended by Stats. 2002, Ch. 1109, Sec. 7. Effective January 1, 2003.)
  173. 66478.13.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency may not issue a permit or approval for certain coastal or shoreline property development unless it finds that reasonable public access has been provided.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 subdivision pursuant to subdivision (d) of Section 66426 because such property is in excess of 40 acres and was created as such a parcel after December 31, 1969, when such property fronts on the coastline or a shoreline, unless it finds that reasonable public access has been provided from public highways to land below the ordinary high-water mark or any ocean coastline or bay shoreline or any water of a lake or reservoir upon which the real property fronts. “Reasonable public access” as used in this section shall be determined by the local agency in which the real property lies. In making such determination the local agency shall use the same criteria as those set forth in subdivisions (c) and (d) of Section 66478.11 and subdivisions (c) and (d) of Section 66478.12. (Added by Stats. 1974, Ch. 1536.)
  174. 66478.14.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The subdivider is not required to improve routes that mainly benefit nonresidents of the subdivision area or people who do not own the property.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 the subdivision area or nonowners of the real property in question. (Added by Stats. 1974, Ch. 1536.)
  175. 66478.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The Legislature states that California’s public natural resources are limited and that population growth and subdivision development have increased demand and reduced public access.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 rapid rate and will continue to do so, thus increasing the need for utilization of public natural resources. The increase in population has also increased demand for private property adjacent to public natural resources through real estate subdivision developments which resulted in diminishing public access to public natural resources. (Added by Stats. 1974, Ch. 1536.)
  176. 66478.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    The Legislature finds that public access to public natural resources should be increased.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 resources be increased. It is the intent of the Legislature to increase public access to public natural resources. (Added by Stats. 1974, Ch. 1536.)
  177. 66478.4.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency may not approve a tentative or final subdivision map for land fronted by a public waterway, river, or stream unless reasonable public access is available from a public highway.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. (b) Reasonable public access shall be determined by the local agency in which the proposed subdivision is to be located. In making the determination of what shall be reasonable access, the local agency shall consider all of the following: (1) That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel. (2) The size of the subdivision. (3) The type of riverbank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching. (4) The likelihood of trespass on private property and reasonable means of avoiding these trespasses. (c) A public waterway, river, or stream for the purposes of Sections 66477.2, 66478.4, 66478.5 and 66478.6 means those waterways, rivers and streams defined in Sections 100 through 106 of the Harbors and Navigation Code, any stream declared to be a public highway for fishing pursuant to Sections 25660 through 25662 of the Government Code, the rivers listed in Section 1505 of the Fish and Game Code as spawning areas, all waterways, rivers and streams downstream from any state or federal salmon or steelhead fish hatcheries. (Amended by Stats. 2002, Ch. 1109, Sec. 2. Effective January 1, 2003.)
  178. 66478.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency may not approve a tentative or final subdivision map for land fronted on a public waterway, river, or stream unless the map provides for a public easement along the bank.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 does not provide for a dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision. (b) The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river, or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the local agency in which the proposed subdivision is to be located. In making the determination for reasonably defining the extent, width, and character of the public easement, the local agency shall consider all of the following: (1) That the easement may be for a foot trail, bicycle trail, or horse trail. (2) The size of the subdivision. (3) The type of riverbank and the various appropriate recreational, educational and scientific uses including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching. (4) The likelihood of trespass on private property and reasonable means of avoiding these trespasses. (Amended by Stats. 2002, Ch. 1109, Sec. 3. Effective January 1, 2003.)
  179. 66478.6.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    If a subdivider provides a public access route or bank easement, it must be expressly shown on the tentative or final map.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 designated on the tentative or final map, and this map shall expressly designate the governmental entity to which the route or routes are dedicated and its acceptance of the dedication. (Amended by Stats. 2002, Ch. 1109, Sec. 4. Effective January 1, 2003.)
  180. 66478.7.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    This section says the article should not be read to limit powers or duties related to beaches or parks, or to reduce the authority, powers, or duties of any public agency or entity.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 limit or decrease the authority, powers, or duties of any public agency or entity. (Added by Stats. 1974, Ch. 1536.)
  181. 66478.8.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local agency is not required to disapprove a tentative or final map just because public access is not provided through the subdivision, if it finds other reasonable public access nearby and identifies its location.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 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 basis that the reasonable public access otherwise required by this article is not provided through or across the subdivision itself, if the local agency makes a finding that the reasonable public access is otherwise available within a reasonable distance from the subdivision and identifies the location of the reasonable public access. The finding shall be set forth on the face of the tentative or final map. (Amended by Stats. 2002, Ch. 1109, Sec. 5. Effective January 1, 2003.)
  182. 66478.9.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    Section 66478.5 does not apply to sites of electric power generating facilities.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3.5. Public Access to Public Resources [66478.1 - 66478.14] ( Article 3.5 added by Stats. 1974, Ch. 1536. ) ## 66478.9. Nothing in Section 66478.5 shall apply to the site of electric power generating facilities. (Added by Stats. 1974, Ch. 1536.)
  183. 66479.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. )

    Verify source ↗

    A local ordinance may require subdivision land to be reserved for specified public uses, if several plan, timing, and development-impact conditions are met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 stations, libraries, or other public uses, subject to the following conditions: (a) The requirement is based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards. (b) The ordinance has been in effect for a period of at least 30 days prior to the filing of the tentative map. (c) The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. (d) The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices. (Amended by Stats. 1984, Ch. 1009, Sec. 34.)
  184. 66480.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    A public agency benefiting from a reserved area must make a binding agreement to buy it at map approval, and must acquire it within two years after the improvements are completed and accepted unless the period is extended by mutual agreement.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. (Added by Stats. 1974, Ch. 1536.)
  185. 66481.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    If the public agency does not enter into the required binding agreement, the reservation automatically ends.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 terminate. (Added by Stats. 1974, Ch. 1536.)
  186. 66482.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. )

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    This section says the article adds to, rather than limits, any other authority local agencies already have over subdivisions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 4. Reservations [66479 - 66482] ( Article 4 added by Stats. 1974, Ch. 1536. ) ## 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 construed as a limitation on or diminution of any such authority. (Added by Stats. 1974, Ch. 1536.)
  187. 66483.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    Local ordinance may require fees to help pay for planned drainage and sanitary sewer facilities, if the section’s conditions are met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas, subject to the following conditions: (a) The ordinance has been in effect for a period of at least 30 days prior to the filing of the tentative map or parcel map if no tentative map is required. (b) The ordinance refers to a drainage or sanitary sewer plan adopted for a particular drainage or sanitary sewer area which contains an estimate of the total costs of constructing the local drainage or sanitary sewer facilities required by the plan, and a map of such area showing its boundaries and the location of such facilities. (c) The drainage or sanitary sewer plan, in the case of a city situated in a county having a countywide general drainage or sanitary sewer plan, has been determined by resolution of the legislative body of the county to be in conformity with such a county plan; or in the case of a city situated in a county not having such a plan but in a district having such a plan, has been determined by resolution of the legislaive body of the district to be in conformity with the district general plan; or in the case of a city situated in a county having such a plan and in a district having such a plan, has been determined by resolution of the legislative body of the county to be in conformity with such a plan and by resolution of the legislative body of the district to be in conformity with the district general plan. (d) The costs, whether actual or estimated, are based upon findings by the legislative body which has adopted the local plan, that subdivision and development of property within the planned local drainage area or local sanitary sewer area will require construction of the facilities described in the drainage or sewer plan, and that the fees are fairly apportioned within such areas either on the basis of benefits conferred on property proposed for subdivision or on the need for such facilities created by the proposed subdivision and development of other property within such areas. (e) The fee as to any property proposed for subdivision within such a local area does not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis. (f) The drainage or sanitary sewer facilities planned are in addition to existing facilities serving the area at the time of the adoption of such a plan for the area. Such fees shall be paid to the local public agencies which provide drainage or sanitary sewer facilities, and shall be deposited by such agencies into a “planned local drainage facilities fund” and a “planned local sanitary sewer fund,” respectively. Separate funds shall be established for each local drainage and sanitary sewer area. Moneys in such funds shall be expended solely for the construction or reimbursement for construction of local drainage or sanitary sewer facilities within the area from which the fees comprising the fund were collected, or to reimburse the local agency for the cost of engineering and administrative services to form the district and design and construct the facilities. The local ordinance may provide for the acceptance of considerations in lieu of the payment of fees. A local agency imposing or requesting the imposition of, fees pursuant to this section, including the agencies providing the facilities, may advance money from its general fund to pay the costs of constructing such facilities within a local drainage or sanitary sewer area and reimburse the general fund for such advances from the planned local drainage or sanitary sewer facilities fund for the local drainage or sanitary sewer area in which the drainage or sanitary sewer facilities were constructed. A local agency receiving fees pursuant to this section may incur an indebtedness for the construction of drainage or sanitary sewer facilities within a local drainage or sanitary sewer area; provided that the sole security for repayment of such indebtedness shall be moneys in the planned local drainage or sanitary sewer facilities fund. (Amended by Stats. 1975, Ch. 365.)
  188. 66483.1.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    After the facilities are completed and all claims are paid, the county or city legislative body must तयermine any surplus in the specified funds and decide how to use it for the listed purposes.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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,” the legislative body of a county or city shall determine by resolution the amount of the surplus, if any, remaining in any of those funds. Any surplus shall be used, in those amounts as the legislative body may determine, for one or more of the following purposes: (a) For transfer to the general fund of the county or city, provided that the amount of the transfer shall not exceed 5 percent of the total amount expended from the particular fund, and provided that the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected; (b) For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or (c) As a refund in the manner provided in Section 66483.2. (Amended by Stats. 1981, Ch. 914, Sec. 7.)
  189. 66483.2.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    Any surplus fee money must be refunded to the current owners, and if the property was split into lots, the refund is shared by lot area; any unclaimed surplus after two years goes to the county or city general fund.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area; (b) Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected; and (c) There shall be transferred to the general fund of the county or city any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements, or the adoption by the legislative body of a resolution declaring a surplus, whichever is later to occur. (Added by Stats. 1975, Ch. 365.)
  190. 66484.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    This section lets a local ordinance require fees for final map approval or building permits to help pay for bridges or major thoroughfares, but only if the listed hearing, notice, apportionment, fund, and protest rules are met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares. The ordinance may require payment of fees pursuant to this section if all of the following requirements are satisfied: (1) The ordinance refers to the circulation element of the general plan and, in the case of bridges, to the transportation or flood control provisions thereof that identify railways, freeways, streams, or canyons for which bridge crossings are required on the general plan or local roads and in the case of major thoroughfares, to the provisions of the circulation element that identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system, if the circulation element, transportation or flood control provisions have been adopted by the local agency 30 days prior to the filing of a map or application for a building permit. (2) The ordinance provides that there will be a public hearing held by the governing body for each area benefited. Notice shall be given pursuant to Section 65091 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements that are the subject of any map or building permit application considered at the proceedings. (3) The ordinance provides that at the public hearing the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment are established. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land that abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution of the governing body, a certified copy of which shall be recorded by the governing body conducting the hearing with the recorder of the county in which the area of benefit is located. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for the property or portions of the property. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the governing agency shall make provision for payment of the share of improvement costs apportioned to those lands from other sources. (4) The ordinance provides that payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. (5) The ordinance provides that payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. The fees shall not be expended to reimburse the cost of existing bridge facility construction. (6) The ordinance provides that if, within the time when protests may be filed under the provisions of the ordinance, there is a written protest, filed with the clerk of the legislative body, by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the legislative body shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under this section. (b) Any protest may be withdrawn by the owner protesting, in writing, at any time prior to the conclusion of a public hearing held pursuant to the ordinance. (c) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the legislative body may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section prohibits a legislative body, within that one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition. (d) Nothing in this section precludes the processing and recordation of maps in accordance with other provisions of this division if the proceedings are abandoned. (e) Fees paid pursuant to an ordinance adopted pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge or major thoroughfare is required to be constructed, a fund may be so established covering all of the bridge and major thoroughfare projects in the benefit area. Moneys in the fund shall be expended solely for the construction or reimbursement for construction of the improvement or improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the local agency for the cost of constructing the improvement or improvements. (f) An ordinance adopted pursuant to this section may provide for the acceptance of considerations in lieu of the payment of fees. (g) A local agency imposing fees pursuant to this section may advance money from its general fund or road fund to pay the cost of constructing the improvements and may reimburse the general fund or road fund for any advances from planned bridge facility or major thoroughfares funds established to finance the construction of those improvements. (h) A local agency imposing fees pursuant to this section may incur an interest-bearing indebtedness for the construction of bridge facilities or major thoroughfares. However, the sole security for repayment of that indebtedness shall be moneys in planned bridge facility or major thoroughfares funds. (i) (1) The term “construction,” as used in this section, includes design, acquisition of rights-of-way, administration of construction contracts, and actual construction. (2) The term “construction,” as used in this section, with respect to the unincorporated areas of San Diego County and Los Angeles County only, includes design, acquisition of rights-of-way, and actual construction, including, but not limited to, all direct and indirect environmental, engineering, accounting, legal, administration of construction contracts, and other services necessary therefor. The term “construction,” with respect to the unincorporated areas of San Diego County and Los Angeles County only, also includes reasonable administrative expenses, not exceeding three hundred thousand dollars ($300,000) in any calendar year after January 1, 1986, as adjusted annually for any increase or decrease in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for All Urban Consumers, San Diego, California (1967 = 100), and Los Angeles-Long Beach-Anaheim, California (1967 = 100), respectively, as published by the United States Department of Commerce for the purpose of constructing bridges and major thoroughfares. “Administrative expenses” means those office, personnel, and other customary and normal expenses associated with the direct management and administration of the agency, but not including costs of construction. (3) The term “construction,” as used in this section, with respect to Los Angeles County only, shall have the same meaning as in paragraph (2) in either of the following circumstances: (A) The area of benefit includes, and all of the bridge and major thoroughfare project improvements lie within, both a city or a portion of a city and adjacent portions of unincorporated area. (B) All of the area of benefit and all of the bridge and major thoroughfare project improvements lie completely within the boundaries of a city. (j) Nothing in this section precludes a county or city from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to the area of benefit. (Amended by Stats. 2011, Ch. 296, Sec. 133. (AB 1023) Effective January 1, 2012.)
  191. 66484.3.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    Orange County and its cities may adopt an ordinance requiring a fee for certain final maps or building permits to help pay for bridges or major thoroughfares.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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, by ordinance, 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 defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares. (b) The local ordinance may require payment of fees pursuant to this section if: (1) The ordinance refers to the circulation element of the general plan and, in the case of bridges, to the transportation provisions or flood control provisions of the general plan which identify railways, freeways, streams, or canyons for which bridge crossings are required on the general plan or local roads, and in the case of major thoroughfares, to the provisions of the circulation element which identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to or which is part of the state highway system, and the circulation element, transportation provisions, or flood control provisions have been adopted by the local agency 30 days prior to the filing of a map or application for a building permit. Bridges which are part of a major thoroughfare need not be separately identified in the transportation or flood control provisions of the general plan. (2) The ordinance provides that there will be a public hearing held by the governing body for each area benefited. Notice shall be given pursuant to Section 65905. In addition to the requirements of Section 65905, the notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the proceedings. (3) The ordinance provides that at the public hearing, the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment are established. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution of the governing body, a certified copy of which shall be recorded by the governing body conducting the hearing with the recorder of the County of Orange. The resolution may subsequently be modified in any respect by the governing body. Modifications shall be adopted in the same manner as the original resolution, except that the resolution of a city or county which has entered into a joint exercise of powers agreement pursuant to subdivision (f), relating to constructing bridges over waterways, railways, freeways, and canyons or constructing major thoroughfares by the joint powers agency, may be modified by the joint powers agency following public notice and a public hearing, if the joint powers agency has complied with all applicable laws, including Chapter 5 (commencing with Section 66000) of Division 1. Any modification shall be subject to the protest procedures prescribed by paragraph (6). The resolution may provide for automatic periodic adjustment of fees based upon the California Construction Cost Index prepared and published by the Department of Transportation, without further action of the governing body, including, but not limited to, public notice or hearing. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for any of the property or portions of the property. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the governing body shall make provision for payment of the share of improvement costs apportioned to those lands from other sources, but those sources need not be identified at the time of the adoption of the resolution. (4) The ordinance provides that payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction or widening of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. (5) The ordinance provides that payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. Fees imposed pursuant to this section shall not be expended to reimburse the cost of existing bridge facility construction, unless these costs are incurred in connection with the construction of an addition to an existing bridge for which fees may be required. (6) The ordinance provides that if, within the time when protests may be filed under its provisions, there is a written protest, filed with the clerk of the legislative body, by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the legislative body shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under this section, unless the protests are overruled by an affirmative vote of four-fifths of the legislative body. Nothing in this section shall preclude the processing and recordation of maps in accordance with other provisions of this division if proceedings are abandoned. Any protests may be withdrawn in writing by the owner who filed the protest, at any time prior to the conclusion of a public hearing held pursuant to the ordinance. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the legislative body shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the legislative body, within the one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition. If the provisions of this paragraph, or provisions implementing this paragraph contained in any ordinance adopted pursuant to this section, are held invalid, that invalidity shall not affect other provisions of this section or of the ordinance adopted pursuant thereto, which can be given effect without the invalid provision, and to this end the provisions of this section and of an ordinance adopted pursuant thereto are severable. (c) Fees paid pursuant to an ordinance adopted pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge or major thoroughfare is required to be constructed, a fund may be so established covering all of the bridge or major thoroughfare projects in the benefit area. Except as otherwise provided in subdivision (g), moneys in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the county or a city for the cost of constructing the improvement. (d) An ordinance adopted pursuant to this section may provide for the acceptance of considerations in lieu of the payment of fees. (e) The county or a city imposing fees pursuant to this section may advance money from its general fund or road fund to pay the cost of constructing the improvements and may reimburse the general fund or road fund from planned bridge facilities or major thoroughfares funds established to finance the construction of the improvements. (f) The county or a city imposing fees pursuant to this section may incur an interest-bearing indebtedness for the construction of bridge facilities or major thoroughfares. The sole security for repayment of the indebtedness shall be moneys in planned bridge facilities or major thoroughfares funds. A city or county imposing fees pursuant to this section may enter into joint exercise of powers agreements with other local agencies imposing fees pursuant to this section, for the purpose of, among others, jointly exercising as a duly authorized original power established by this section, in addition to those through a joint exercise of powers agreement, those powers authorized in Chapter 5 (commencing with Section 31100) of Division 17 of the Streets and Highways Code for the purpose of constructing bridge facilities and major thoroughfares in lieu of a tunnel and appurtenant facilities, and, notwithstanding Section 31200 of the Streets and Highways Code, may acquire by dedication, gift, purchase, or eminent domain, any franchise, rights, privileges, easements, or other interest in property, either real or personal, necessary therefor on segments of the state highway system, including, but not limited to, those segments of the state highway system eligible for federal participation pursuant to Title 23 of the United States Code. An entity constructing bridge facilities and major thoroughfares pursuant to this section shall design and construct the bridge facilities and major thoroughfares to the standards and specifications of the Department of Transportation then in effect, and may, at any time, transfer all or a portion of the bridge facilities and major thoroughfares to the state subject to the terms and conditions as shall be satisfactory to the Director of the Department of Transportation. Any of these bridge facilities and major thoroughfares shall be designated as a portion of the state highway system prior to its transfer. The participants in a joint exercise of powers agreement may also exercise as a duly authorized original power established by this section the power to establish and collect toll charges only for paying for the costs of construction of the major thoroughfare for which the toll is charged and for the costs of collecting the tolls, except that a joint powers agency, which is the lending agency, may, notwithstanding subdivision (c), make toll revenues and fees imposed pursuant to this section available to another joint powers agency, which is the borrowing agency, established for the purpose of designing, financing, and constructing coordinated and interrelated major thoroughfares, in the form of a subordinated loan, to pay for the cost of construction and toll collection of major thoroughfares other than the major thoroughfares for which the toll or fee is charged, if the lending agency has complied with all applicable laws, including Chapter 5 (commencing with Section 66000) of Division 1, and if the borrowing agency is required to pay interest on the loan to the lending agency at a rate equal to the interest rate charged on funds loaned from the Pooled Money Investment Account. Prior to executing the loan, the lending agency shall make all of the following findings: (1) The major thoroughfare for which the toll or fee is charged will benefit from the construction of the major thoroughfare to be constructed by the borrowing agency or will benefit financially by a sharing of revenues with the borrowing agency. (2) The lending agency will possess adequate financial resources to fund all costs of construction of existing and future projects that it plans to undertake prior to the final maturity of the loan, after funding the loan, and taking into consideration its then existing funds, its present and future obligations, and the revenues and fees it expects to receive. (3) The funding of the loan will not materially impair its financial condition or operations during the term of the loan. Major thoroughfares from which tolls are charged shall utilize the toll collection equipment most capable of moving vehicles expeditiously and efficiently, and which is best suited for that purpose, as determined by the participants in the joint exercise of powers agreement. However, in no event shall the powers authorized in Chapter 5 (commencing with Section 31100) of Division 17 of the Streets and Highways Code be exercised unless a resolution is first adopted by the legislative body of the agency finding that adequate funding for the portion of the cost of constructing those bridge facilities and major thoroughfares not funded by the development fees collected by the agency is not available from any federal, state, or other source. Any major thoroughfare constructed and operated as a toll road pursuant to this section shall only be constructed parallel to other public thoroughfares and highways. (g) The term “construction,” as used in this section, includes design, acquisition of rights-of-way, and actual construction, including, but not limited to, all direct and indirect environmental, engineering, accounting, legal, administration of construction contracts, and other services necessary therefor. The term “construction” also includes reasonable general agency administrative expenses, not exceeding three hundred thousand dollars ($300,000) in any calendar year after January 1, 1986, as adjusted annually for any increase or decrease in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all Urban Consumers, Los Angeles-Long Beach-Anaheim, California (1967=100), as published by the United States Department of Commerce, by each agency created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 for the purpose of constructing bridges and major thoroughfares. “General agency administrative expenses” means those office, personnel, and other customary and normal expenses associated with the direct management and administration of the agency, but not including costs of construction. (h) Fees paid pursuant to an ordinance adopted pursuant to this section may be utilized to defray all direct and indirect financing costs related to the construction of the bridges and major thoroughfares by the joint powers agency. Because the financing costs of bridges and major thoroughfares for which a toll charge shall be established or collected represent a necessary element of the total cost of those bridges and major thoroughfares, the joint powers agency constructing those facilities may include a charge for financing costs in the calculation of the fee rate. The charge shall be based on the estimated financing cost of any eligible portion of the bridges and major thoroughfares for which tolls shall be collected. The eligible portion shall be any or all portions of the major thoroughfare for which a viable financial plan has been adopted by the joint powers agency on the basis of revenues reasonably expected by the joint powers agency to be available to the thoroughfare, after consultation with representatives of the fee payers. For purposes of calculating the charge, financing costs shall include only reasonable allowances for payments and charges for principal, interest, and premium on indebtedness, letter of credit fees and charges, remarketing fees and charges, underwriters’ discount, and other costs of issuance, less net earnings on bridge and major thoroughfare funds by the joint powers agency prior to the opening of the facility to traffic after giving effect to any payments from the fund to preserve the federal income tax exemption on the indebtedness. For purposes of calculating the charge for financing costs in the calculation of the fee rate only, financing costs shall not include any allowance for the cost of any interest paid on indebtedness with regard to each eligible portion after the estimated opening of the portion to traffic as established by the joint powers agency. Any and all challenges to any financial plan or financing costs adopted or calculated pursuant to this section shall be governed by subdivision (k). (i) Nothing in this section shall be construed to preclude the County of Orange or any city within that county from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to the area of benefit. (j) Any city within the County of Orange may require the payment of fees in accordance with this section as to any property in an area of benefit within the city’s boundaries, for facilities shown on its general plan or the county’s general plan, whether the facilities are situated within or outside the boundaries of the city, and the county may expend fees for facilities or portions thereof located within cities in the county. (k) The validity of any fee required pursuant to this section shall not be contested in any action or proceeding unless commenced within 60 days after recordation of the resolution described in paragraph (3) of subdivision (b). The provisions of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure shall be applicable to any such action or proceeding. This subdivision shall also apply to modifications of fee programs. (l) If the County of Orange and any city within that county have entered into a joint powers agreement for the purpose of constructing the bridges and major thoroughfares referred to in Sections 50029 and 66484, and if a proposed change of organization or reorganization includes any territory of an area of benefit established pursuant to Sections 50029 and 66484, within a successor local agency, the local agency shall not take any action that would impair, delay, frustrate, obstruct, or otherwise impede the construction of the bridges and major thoroughfares referred to in this section. (m) Nothing in this section prohibits the succession of all powers, obligations, liabilities, and duties of any joint powers agency created pursuant to subdivision (l) to an entity with comprehensive countywide transportation planning and operating authority which is statutorily created in the County of Orange and which is statutorily authorized to assume those powers, obligations, liabilities, and duties. (Amended by Stats. 2011, Ch. 382, Sec. 8. (SB 194) Effective January 1, 2012.)
  192. 66484.5.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    A local agency may charge groundwater recharge facility fees only if the section’s notice, hearing, approval, and timing conditions are met.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 or parcel map, or as a condition of issuing a building permit in an area of benefit under a groundwater recharge facility plan adopted as provided in this section, for the purpose of constructing recharge facilities for the replenishment of the underground water supply in that area of benefit. The ordinance may require payment of fees pursuant to this section if, at the time of payment, all of the following requirements are satisfied: (1) A groundwater recharge facility plan for the area to be benefited has been adopted by the legislative body of the local agency. The legislative body shall not adopt the plan until it has given notice to, and consulted with, the water agency then obligated to furnish water to the area to be benefited and the water agency has formally and in writing approved the plan. (2) The ordinance has been in effect for a period of at least 30 days prior to the filing of the tentative map, parcel map if no tentative map is required, or the application for a building permit. (3) The ordinance provides that before any groundwater recharge facility plan is adopted there will be a public hearing held by the legislative body for the proposed area of benefit. Notice of the hearing on a proposed area of benefit shall be given pursuant to Section 65091 and shall include preliminary information concerning the groundwater recharge facility plan, including the proposed boundaries of the area of benefit, the availability of surface water, the planned facilities for the area of benefit, estimated costs, and the proposed method of fee apportionment. Written notice of the public hearing shall be given by personal service or mail to the water agency responsible for furnishing water to the area of benefit involved in the hearing prior to or at the time notice is given by mail or by publication and posting. The proposal contained in the mailed, published, or posted notice shall be jointly prepared and agreed upon by the local agency and the water agency before that notice is given. The water agency may participate in the hearings. (4) The ordinance provides that the groundwater recharge facility plan shall be established at the public hearing and, if approved, adopted by the legislative body. The plan shall include the boundaries of the area of benefit, the availability of surface water, the planned facilities for the area of benefit and the estimated cost thereof, a fair method of allocating the costs within the area of benefit, and the apportionment of fees within the area. The plan, as adopted by the local agency and approved by the water agency, shall be incorporated in a resolution of the legislative body and a certified copy of the plan shall be recorded with the county recorder. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or a parcel map or as a condition of issuing a building permit for the property or portions of the property. Where the area of benefit includes lands not otherwise subject to the payment of fees pursuant to this section, the legislative body shall make provision for payment of the share of improvement costs apportioned to that land by other means. (5) The ordinance provides that if, within the time when protests may be filed under the provisions of the ordinance, there is a written protest, filed with the clerk of the legislative body, by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of the property to be benefited, then the proposed proceedings shall be abandoned, and the legislative body shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section. (b) Any protests may be withdrawn in writing by the owner who made the protest, at any time prior to the conclusion of a public hearing held pursuant to the ordinance. (c) If any majority protest is directed against only a portion of the improvement, then all further proceedings under this section as to that portion of the improvement so protested against shall be barred for a period of one year. The legislative body, however, may commence new proceedings which do not include the area, acquisitions, or improvements which were the subject of the successful protest. Nothing in this section prohibits the legislative body, within that one-year period, from commencing and carrying on new proceedings for that portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition. (d) Nothing in this section precludes the processing and recordation of maps in accordance with other provisions of this division if proceedings are abandoned. (e) Subsequent to the adoption of a plan, the local agency may itself construct, operate, and maintain the groundwater recharge facilities, or it may designate the water agency furnishing the water or designate or create another agency to do all or any one of these things as authorized by law. In the event any agency other than the local agency adopting such ordinances is so designated, the services so rendered shall be pursuant to a written agreement entered into between the local agency and the other agency. (f) Fees paid pursuant to an ordinance adopted pursuant to this section shall be deposited in a planned recharge facility fund. A fund shall be established for each area of benefit. Money in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited. The fees shall not be expended to reimburse the cost of recharge facilities in existence prior to the adoption of the groundwater recharge facility plan for that area. (g) An ordinance adopted pursuant to this section may provide for the acceptance of considerations in lieu of the payment of fees. (h) A local agency imposing fees pursuant to this section may advance money from its general fund to pay the cost of constructing the improvements and may reimburse the general fund for those advances from planned recharge facility funds collected to finance the construction of these improvements. (i) A local agency imposing fees pursuant to this section may incur an interest-bearing indebtedness for the construction of recharge facilities. However, the sole security for repayment of that indebtedness shall be money in planned recharge facility funds. (j) Recharge facilities shall not be constructed unless the water agency approves the design of the facilities to be constructed and has reached an agreement with the local agency establishing the terms and conditions under which the water will be furnished. If the water agency finds that the facilities have been constructed in accordance with the approved design, the agency shall furnish water for the groundwater recharge facilities. (k) If the water agency is an irrigation district or other entity obligated by law to apportion water among the landowners within the area of benefit, the water agency shall receive credit upon the obligation for any water delivered for groundwater recharge under the agreement and shall be relieved of any further obligation to deliver the amount of water for which it has received such credit to the landowners or lands within that area. (l) Nothing contained in this section entitles a local agency to collect a fee from a landowner who presently receives and continues to receive and use the landowner’s pro rata share of surface water from the agency responsible for that area or from a landowner who has not applied for approval of a final or parcel map or a building permit. (m) A credit for fees paid as authorized by this section shall be applied against any assessment levied by the local agency to construct the planned recharge facilities. (n) The term “construction,” as used in this section, includes design, acquisition of land or easements, administration of construction contracts, and actual construction. (o) The term “water agency,” as used in this section, means the public or other entity that will furnish water for the operation and use of a recharge facility under a groundwater recharge facility plan adopted by a local agency pursuant to this section. (p) Nothing in this section precludes a county or city from providing funds for the construction of recharge facilities to defray costs not allocated to the area of benefit. (Amended by Stats. 1984, Ch. 1009, Sec. 36.)
  193. 66484.7.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    A local ordinance may require fees for transportation facilities, but only if it follows listed notice, hearing, protest, fund-use, and timing rules.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1), as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing transportation facilities. For purposes of this section, transportation facilities mean pedestrian, bicycle, transit, and traffic-calming facilities. The ordinance may require payment of fees pursuant to this section if all of the following requirements are satisfied: (1) The ordinance refers to the circulation element of the general plan and to the provisions of the circulation element that identify those transportation facilities that are required to minimize the use of automobiles and minimize the traffic impacts of new development on existing roads, if the circulation element provisions have been adopted by the local agency 30 days prior to the filing of a map or application for a building permit. (2) The ordinance provides that there will be a public hearing held by the governing body for each area benefited. Notice shall be given pursuant to Section 65091 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements that are the subject of any map or building permit application considered at the proceedings. (3) The ordinance provides that at the public hearing the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment are established. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution of the governing body, a certified copy of which shall be recorded by the governing body conducting the hearing with the recorder of the county in which the area of benefit is located. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for the property or portions of the property. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the governing agency shall make provision for payment of the share of improvement costs apportioned to those lands from other sources. (4) The ordinance provides that if, within the time when protests may be filed under the provisions of the ordinance, there is a written protest, filed with the clerk of the legislative body, by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the legislative body shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section. (b) Any protest may be withdrawn by the owner protesting, in writing, at any time prior to the conclusion of a public hearing held pursuant to the ordinance. (c) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the legislative body may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section prohibits a legislative body, within that one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition. (d) Nothing in this section precludes the processing and recordation of maps in accordance with other provisions of this division if the proceedings are abandoned. (e) Fees paid pursuant to an ordinance adopted pursuant to this section shall be deposited in a planned transportation facility fund. A fund shall be established for each planned transportation facility project. If the benefit area is one in which more than one other transportation facility is required to be constructed, a fund may be established covering all of the other transportation facility projects in the benefit area. Money in the fund shall be expended solely for the construction or reimbursement for construction of the improvement or improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the local agency for the cost of constructing the improvement or improvements. (f) An ordinance adopted pursuant to this section may provide for the acceptance of considerations in lieu of the payment of fees. (g) A local agency imposing fees pursuant to this section may advance money from its general fund or road fund to pay the cost of constructing the improvements and may reimburse the general fund or road fund for any advances from other transportation facility funds established to finance the construction of those improvements. (h) A local agency imposing fees pursuant to this section may incur an interest-bearing indebtedness for the construction of other transportation facilities. However, the sole security for repayment of that indebtedness shall be moneys in planned transportation facility funds. (i) As used in this section, “construction” includes design, acquisition of rights-of-way, administration of construction contracts, and actual construction. (j) Nothing in this section precludes a county or city from providing funds for the construction of other transportation facilities to defray costs not allocated to the area of benefit. (Added by Stats. 2011, Ch. 228, Sec. 1. (AB 147) Effective January 1, 2012.)
  194. 66484.9.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. )

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    The authority granted by this article adds to, and does not limit, other legal authority local agencies already have over subdivisions.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 5. Fees [66483 - 66484.9] ( Article 5 added by Stats. 1974, Ch. 1536. ) ## 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 be construed as a limitation on or diminution of that authority. (Added by Stats. 2011, Ch. 228, Sec. 2. (AB 147) Effective January 1, 2012.)
  195. 66485.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    A local ordinance may require subdivider-installed improvements to include extra size, capacity, number, or length for off-subdivision property and to be dedicated to the public.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 66485. There may be imposed by local ordinance a requirement that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time. (Amended by Stats. 1983, Ch. 704, Sec. 2.)
  196. 66486.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    If required improvements are installed under an ordinance adopted pursuant to Section 66485, the local agency must make an agreement with the subdivider to reimburse the subdivider.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. (Amended by Stats. 1983, Ch. 704, Sec. 3.)
  197. 66487.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    A local agency may use reimbursement-related tools to recover costs for improvements, including charging users, contributing costs tied to outside benefits, and creating local benefit districts.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use. (b) Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider. (c) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited. (Added by Stats. 1974, Ch. 1536.)
  198. 66488.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    A local agency in a drainage or sanitary sewer area may adopt the plan and map from Section 66483, impose a reasonable charge on benefited property, and enter a reimbursement agreement with the subdivider.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 property within the area which, in the opinion of the legislative body, is benefited by such drainage or sanitary sewer facilities. The charge collected must be paid to the local agency or subdivider constructing such drainage or sanitary sewer facilities, and any local agency within the drainage or sanitary sewer area may enter into a reimbursement agreement with the subdivider. (Added by Stats. 1974, Ch. 1536.)
  199. 66489.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. )

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    A local agency may set up an area of benefit, charge benefited property a reasonable amount, and agree to reimburse a subdivider for bridge or major thoroughfare construction costs.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 6. Reimbursement [66485 - 66489] ( Article 6 added by Stats. 1974, Ch. 1536. ) ## 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 of the legislative body, is benefited by the construction of the bridge or major thoroughfare. The charge collected shall be paid to the local agency or subdivider constructing the bridge, and any local agency having jurisdiction over any property which, in the opinion of the legislative body, is benefited by the construction of the bridge or major thoroughfare may enter into a reimbursement agreement with the subdivider. (Added by Stats. 1974, Ch. 1536.)
  200. 66490.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Soils Report [66490 - 66491] ( Article 7 added by Stats. 1974, Ch. 1536. )

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    Some subdivisions must have a preliminary soils report prepared by a California-registered civil engineer based on adequate test borings; local ordinances may require it for other subdivisions too.

    ## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Soils Report [66490 - 66491] ( Article 7 added by Stats. 1974, Ch. 1536. ) ## 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 subdivision for which a final map is required by this division and may be required by local ordinance for other subdivisions. (Added by Stats. 1974, Ch. 1536.)

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