Subdivision Map Act - California Land Surveyors Associationcaliforniasurveyors.org/members/1980 SMA.pdf · SUBDIVISiON MAP ACT CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS ARTICLE

Subdivision

Map Act 1980

SUBDIVISiON MAP ACT

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONSARTICLE 1. General Provisions IARTICLE 2. Definitions. . . . . . . . . . . . . . 2

ARTICLE 1.ARTICLE 2.ARTICLE 3.

ARTICLE 1.ARTICLE 2.ARTICLE 3.ARTICLE 4.ARTICLE 5.ARTICLE 6.ARTICLE 7.

ARTICLE 1.ARTICLE 2.ARTICLE 3.ARTICLE 3.5ARTICLE 4.ARTICLE 5.ARTICLE 6.ARTICLE 7.ARTICLE 8.ARTICLE 9.

CHAPTER 2. MAPSGeneral ProvisionsFinal Maps.Parcel Maps

CHAPTER 3. PROCEDUREGeneral Provisions . . . . . . . . .Tentative Maps . . . . . . . . . .Review of Tentative Map by Other AgenciesFinal Maps. . . . . . . . .Parcel Maps . . . . . . . . .Filing Maps with County Recorder. .Correction and Amendment of Maps .

CHAPTER 4. REQUIREMENTSGeneral . . . .Advisory Agencies . . . . .Dedications. . . . . . . .Public Access to Public ResourcesReservationsFeesReimbursementSoils ReportTaxes and Assessments .Monuments .....

58

12

15151820222324·

25272934383946474849

CHAPTER 5. IMPROVEMENT SECURITYCHAPTER 5. Improvement Security. . . . . .. . 50

CHAPTER 6. REVERSIONS AND EXCLUSIONS

ARTICLE 1. Reversion to Acreage . . . . . . . .. 55ARTICLE 2. Exclusions . . . . . . . . . . . .. 57

CHAPTER 7. ENFORCEMENT AND JUDICIAL REVIEWARTICLE 1. Prohibition and Penalty. 59ARTICLE 2. Remedies 59ARTICLE 3. Judicial Review 62

i

HISTORY

The Subdivision Map Act was originally a part of the Business &Professions Code until it was recodified into the Government Code, effective March 1, 1975, through provisions of SB 977, Chapter 1536,Statutes of 1974. The effective date for recodification was delayed untilMarch 1, 1975 in order to give cities and counties sufficient time toconform tlteir local ordinances to the new law. In the meantime someproblem areas occurred with interpretations of the new law, and itbecame necessary to further clarify those provisions in question, especiallythe status of maps approved prior to March 1, 1975 under provisions ofthe old Subdivision Map Act. As a result, SB 39 was introduced duringthe 1975-76 Legislative Session to permit the necessary amendments tobe made. It was subsequently enacted by the Legislature and signed bythe Governor, as an Urgency Statute, on April 4, 1975, becoming lawthe same day (Chapter 24, Statutes of 1975).

The following Sections were amended by SB 39: 664-26, 664-39,66H9, 664-50, 664-55, 66464-, 664-74-, 664-7+.1, 664-74.61, 664-77, 664-78.1,664-78.6,664-78.8,66478.11,66478.12, 664-84, 664-99.20Yf" 664-99.32, and66499.35.

In summary, provisions of the 1974 Subdivision Map Act becameeffective March 1, 1975, and provisions of SB 39 (Chapter 24, Statutesof 1975), which amended the 1974 Subdivision Map Act, became effectiveApril 4, 1975.

Further amendments enacted during 1975 were: 1) SB 355, Chapter365, Statutes of 1975, which amended Section 664-83 and added Sections664-83.1 and 66483.2 effective January 1, 1976; 2) SB 925, Chapter 491,Statutes of 1975, which amended 66477.2 and added Section 66475.feffective January 1, 1976; 3) AB 966, Chapter 201, Statutes of 1975,which amended Section 664-99.20%; and 4) AB 2462, now Chapter 862,Statutes of 1975, which also amends Section 66499.20% and supersedesAB 966, Chapter 201, as an urgency statute effective September 18, 1975.

The following amendments were enacted in 1976: 1) SB 1806,Chapter 1263, Statutes of 1976, which amended Sections 66424- and66H5 (66H5 in this bill supersedes AB 284-2, Chapter 928, Statutes of1976, Section 66H5) effective January 1, 1977; 2) AB 1341, Chapter5, Statutes of 1976, which added Section 66455.7 effective Janauary 1,1977; 3) AB 2342, Chapter 21, Statutes of 1976, which amended Section66473 effective January 1, 1977; 4) AB 2381, Chapter 92, Statutes of1976, amended Section 66412 effective January 1, 1977; 5) AB 2618,Chapter 660, Statutes of 1976, amended Sections 66423, 66H9, 664-69,and 66495, and added Section 664-24.5 effective January 1, 1977; 6)AB 284-2, Chapter 928, Statutes of 1976, amended Sections 66+11, 66428,664-36, 66H5 (superseded by SB 1806), 664-99.34, 664-99.35, 66499.36,and added Sections 66411.1, 66424.1, and 66424.2 effective January 1,1977; 7) AB 3153, Chapter 890, Statutes of 1976, which added Section664-27.1 effective January 1, 1977.

The following amendments were enacted in 1977: 1) AB 153,Chapter 234, Statutes of 1977, which amended Sections 664-11.1, 66412,66424, 66424-.1, 66424.2, 66428, 664-36, 66463, 66469, 66470, 66495,

ii

66499.34·, 66499.35, 66499.36, and added Section 66499.20')<\ effectiveJuly 7, 1977; 2) AB 716, Chapter 4·12, Statutes of 1977, which addedSection 66412.5 effective January 1, 1978; 3) AB 1333, Chapter 561,Statutes of 1977, which amended Section 66477, effective January 1,1978; 4) SB 239, Chapter 883, Statutes of 1977, which amended Section66452.6, effective January 1, 1978; 5) SB 1168, Chapter 923, Statutesof 1977, which added Section 664·27.2 effective January 1, 1978.

The following amendments were enacted in 1978: 1) AB 1858,Chapter 88, Statutes of 1978, which amended Section 66426, effectiveJanuary 1, 1979; 2) AB 2032, Chapter 340, Statutes of 1978, whichamended Section 66464, effective January 1, 1979; 3) AB 2414, Chapter 338, Statutes of 1978, which added Section 66456.1, effective January 1, 1979; 4) AB 2425, Chapter 335, Statutes of 1978, which amended Section 66449, effective January 1, 1979; 5) AB 2735, Chapter 244-,Statutes of 1978, which amended Section 66498, effective January 1,1979; 6) AB 3178, Chapter 1105, Statutes of 1978, which amendedSection 66',99, effective January 1, 1979; 7) AB 3250, Chapter 1154,Statutes of 1978, which added Sections 66473.1 and 66475.3, effectiveJanuary 1, 1979; 8) AB 3357, Chapter ',26, Statutes of 1978, whichamended Section 6644·5, effective January 1, 1979; 9) AB 3653, Chapter 709, Statutes of 1978, which amended Section 66477, effective JanualY 1, 1979; 10) SB 1308, Chapter 521, Statutes of 1978, which amended Section 66434 and added Section 66434·.5, effective January 1, 1979;11) SB 1617, Chapter 209, Statutes of 1978, which amended Section664·27.2, effective June 5, 1978; 12) SB 2046, Chapter 620, Statutes of1978, which added Section 66484.5, effective Janumy 1, 1979.

The following anlendments were enacted in 1979: 1) AB 8, Chapter282, Statutes of 1979, added Section 66434.1 effective July 24·, 1979; 2)AB 619, Chapter 383, Statutes of 1979, which amended Sections 66426(superseded by SB 823) , 66434, 6644-5, 66498 and added Section 66424,.6,effective JanualY 1, 1980; 3) SB 388, Chapter 309, Statutes of 1979,which amended Section 66465, effective January 1, 1980; 'I) SB 606,Chapter 947, Statutes of 1979, which added Section 66412.2, effectiveJanuary 1, 1980; 5) SB 823, Chapter 1192, Statutes of 1979, whichamended Sections 6642+, 66426 (664-26 in this bill supersedes AB 619,Chapter 383, Statutes of 1979, Section 66426), 66427, 66427.1, 66+27.2,66475.2, and 66477, effective January 1, 1980; 6) SB 1188, Chapter 297,Statutes of 1979, which amended Section 664·52.6, effective July 25, 1979.

iii

DIVISION 2. SUBDIVISIONS

CHAPTER 1. GENERAL PROVISIONS ANDDEFINITIONS

ARTICLE I. GENERAL PROVISIONS66410. This division may he cited as the Subdivision Map Act.66411. Regulation and control of the design and improvement of

subdivisions are vested in the legislative bodies of local agencies. Eachlocal agency shall by ordinance regulate and control subdivisions forwhich this division requires a tentative and final or parcel map. Suchordinance shall specifically provide for proper grading and erosion con~

trol, including the prevention of sedimentation or damage to off-siteproperty. Each local agency may by ordinance regulate and controlother subdivisions, provided that such regulations are not luore restrictive than the regulations for those subdivisions for which a tentativeand final or parcel map arc required by this division, and providedfurther that such regulations shall not be applied to short-term leases(terminable by either party on not more than 30 days notice in writing)of a portion of the operating right-of-way of a railroad corporationdefined as such by Section 230 of the Public Utilities Code unless ashowing is made in individual cases, under substantial evidence, thatpublic policy necessitates the application of such regulations to suchshort-term leases in such individual cases.

[Amended, Chapter 928, Statutes of 1976]

66411.1. Whenever a local ordinance requires improvements fora division of land which is not a subdivision of five or more lots, suchregulations shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improve~

mente; for the parcels being created. Requirements for the constructionof such offsite and onsite improvements shall be noticed by certificateon the parcel map, on the instrument evidencing the waiver of suchparcel map, 01' by separate instrument and shall be recorded on, con~

currently with, or prior to the parcel map or instrument of waiver ofa parcel map being filed for record.

Fulfillment of such construction requirements shall not be requireduntil such time as a permit or other grant of approval for developmentof the parcel is issued by the local agency or, where provided by localordinances, until such time as the construction of such improvements isrequired pursuant to an agreement between the subdivider and the localagency, except that in the absence of such an agreememt, a local agencymay require fulfillment of such construction requirements within areasonable time following approval of the parcel map and prior tothe issuance of a permit or other grant of approval for the develop~

ment of a parcel upon a finding by the local agency that fulfilhnentof the construction requirements is necessary for reasons of:

(I) The pnblic health and safety; or(2) The required construction is a necessary prerequisite to the

orderly development of the surrounding area.[Amended, Chapter 234, Statutes of 1977]

-1-

66412. This division shall be inapplieable to:(a) The finaneing or leasing of apartments, offiees, stores or

similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

(b) Mineral, oil or gas leases;(c) Land dedicated for cemetery purposes under the Health and

Safety Code of the State of California.(d) A lot line adjustment between two or more adjacent parcels,

where the land taken from one parcel is added to an adjacent parcel,and where a greater number of parcels than originally existed is notthereby created, provided the lot line adjustment is approved by thelocal agency or advisory agency.

(e) Boundary line or exchange agreements to which tjIe StateLands Commission or a local agency holding a trust grant of tide andsubmerged lands is a party.


66412.2. In carrying out the provisions of this division, each localagency shall consider the effect of ordinances and actions adopted pursuant to this division on the housing needs of the region in which thelocal jurisdiction is situated and balance these needs against the publicservice needs of it residents and available fiscal and environmentalresources.

[Added, Chapter 947, Statutes of 1979]

66412.5. When so provided by local ordinance, this division shallbe inapplicable to subdivisions of four parcels or less for construction ofremovable connnercial buildings having a floor area of less than 100square feet.


66413. (a) Wheu any area in a subdivision as to which a finalmap has been finally approved by a board of supervisors and filed forrecord pursuant to this division is thereafter annexed to a city, thefinal map and any agreements relating to such subdivision shall continue to govern such subdivision.

(b) When any area in a subdivision or proposed subdivision asto which a tentative map has been HIed but a final map has not beenfinally approved, or as to which a parcel map is required by thisdivision or local ordinance but the final act required to make suchparcel map effective has not been taken, is annexed to a city, allprocedures and regulations required by this division or by local or~

dinance of the annexing city shall be deemed to commence as of theeffective date of the annexation and the map shall comply with therequirements of any applicable ordinance of the city to whiel. sucharea is annexed.

ARTICLE 2. DEFINITIONS

66414. The definitions in this article apply to the prov,sIons ofthis division only and do not affect any other provisions of law.

-2-

66415. "Advisory agency" means a designated official or an official body charged with the duty of making investigations and reportson the design and improvement of proposed divisions of real property,the imposing of requirements or conditions thereon, or having theauthority by local ordinance to approve, conditionally approve ordisapprove maps.

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, theimposition of· requirements or conditions thereon, or the kinds, natureand extent of the design or improvements, or both, recommended ordecided by the advisory agency to be required.

66417. "County surveyor" includes county engineer, if there isno COlUlty,surveyor.

66418. "Design" means: (1) street alignments, grades and widths;(2) drainage and sanitary facilities and utilities, including alignmentsand grades thereof; (3) location and size of all required easementsand rights-of-way; (4) fire roads and firebreal<s; (5) lot size andconfignration; (6) traffic access; (7) grading; (8) land to be dedi.cated for park or recreational purposes; and (9) such other specificrequirements in the plan and configuration of the entire subdivisionas may be necessary or convenient to insure conformity to or iIl}ple~

mentation of the general plan required by Article 5 (commencingwith Section 65300) of Chapter 3 of Division 1 of this title, or anyspecific plan adopted pursuant to Article 8 (commencing with Sec·tion 65450) of Chapter 3 of Division 1 of tills title.

66419. (a) "Improvement" refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider onthe land to be used for public or private streets, highways, ways, andeasements, as are necessary for the general use of the lot owners inthe suhdivision and local neighborhood traffic and drainage needs asa condition precedent to the approval and acceptance of the finalmap thereof.

(b) "Improvement" also refers to such other specific improve~

ments or types of improvements, the installation of which, either bythe subdivider, by pnblic agencies, by private ntilities, by any otherentity approved by the local agency or by a combination thereof, isnecessary or convenient to insure conformity to or implementation oftile general plan reqnircd by Article 5 (commencing with Section 65300)of Chapter 3 of Division I of this title, or any specific plan adoptedpursuant to Article 8 (commencing with Section 65450) of Chapter 3of Division 1 of this title.

66420. "Local agency" meanS a city, connty or city and connty.

66421. "Local ordinance" refers to a local ordinance regnlatingthe design and improvement of subdivisions, enacted by the legislativebody of any local agency under the provisions of this division or anyprior statute, regulating the design and improvements of subdivisions,insofar as the provisions of the ordinance arc consistent with and notin conflict with the provisions of this division.

-3-

66422. "Streets" includes highways.

66423. "Subdivider" means a person, finn, corporation, partnership or association who proposes to divide, divides or causes to bedivided real property into a subdivision for himseU or for others exceptthat employees and consultants of such persons or entities, acting in suchcapacity, are not "subdividers."


66424. "Subdivision" means the division, by any subdivider, of anyunit or units of improved or unimproved land, or any portion thereof,shown on the latest equalized county assessment roll as a unit or ascontiguous units, for the purpose of sale, lease or financing, whetherimmediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units,even if it is separated by roads, streets, utility easement or railroadrightswof way. "Subdivision", includes, a condominium project, as deM

fined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code,or the conversion of five or more existing dwelling units to a stock COM

operative. as defined in Section 11003.2 of the Business and ProfessionsCode. Any cOOlveyance of land to a governmental agency, public entityor public utility shall not be considered a division of land for purposesof computing the number of parcels. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazmgor pasturing of livestock.


66424.1. Nothing in Section 66424 shall prevent a purchaser of aunit of land created Ulllder the provisions of this division or a localordinance enacted pursuamt thereto, from subdividing such land onetime, pursuant to the provisions of this division prior to the time thatan equalized county assessment roll has been completed reflecting thecreation of the unit proposed to be subdivided.


66424.2. Notwithstanding Section 66424, two or more contiguonsparcels or units of land which have been created under the provisionsof this division or any prior law regulating the division of land or alocal ordinance enacted pursuant thereto or were 1I10t subject to suchprovisions at the time of their creation shall not merge by virtue ofthe fact that such contiguous parcels or units are held by the sameowner and no further proceeding under the provisions of this divisionor a local ordinance enacted pursuant thereto shall be required forthe purpose of sale, lease or financing of such contiguous parcels orunits, or any of them; except that, a local agency may, by ordinance,provide that if anyone of such contiguous parcels or units held bythe same owner docs not conform to standards for minimwn parcel sizeto permit usc or development under a zoning, subdivision or other or..dinance of the local agency and at least one of such contiguous parcelsor units is not developed with a huilding for which a permit has beenissued by the local agency, or which was built prior to the time sncll

-4-

permits were required by the local agency then such parcels shall bemerged for the purposes of thi., division.

A local agency may, by ordinance, deem any or all parcels or unitsof land which merged prior to the effective date of the 1977 amend.ments to this section, unmerged and separate parcels.

Whenever a local agency has Imowlcdgc that real property hasmerged pursuant to this section Or a local ordinance enacted pursuantto this section, it shall cause to be filed for record with the recorderof the county in which the rca] property is located, a notice of suchmerger specifying the DaIlles of tlle record owners and particularlydescribing the real property, provided that, at least 30 days priorto the recording of the notice the owner of the parcels or units to beaffected by the merger, shall be advised in writing of the intentionto record the notice and specifying a time, date and place at whichthe owner may present evidence to the legislative body or advisoryagency why such notice should not be recorded.

[Amended, Chapter 234, Statutes of 1977)

66424.5. "Tentative map" refers to a map made for the purposeof showing the design and improvement of a proposed subdivision andthe existing conditions in and around it and need not be based uponan accurate or detailed final survey of the property.

[Added, Chapter 660, Statutes of 1976)

66424.6. When a subdivision, as defined in Section 66424. is of aportion of any unit or units of improved or unimproved land. the 5uh~

divider may designate as a remainder that portion which is not dividedfor the purpose of sale, lease. or financing.

For such a designated remainder parcel, the fulfillment of con~

structiCllTI requirements for improvements shall not be required untilsuch time as a pennit or other grant of approval for developmentof the remainder arcel is issued b the local a enc or where ro~VI e by local ordinance, until such time as the construction of suchk~l?roYements is required pursuant to an agreement between the sub~

!VIder and the local agmcy. In the absence of such an agreement. alocal agency may require fulfillment of such construction requirementswithin a reasonable time following approval of the final map and priorto the issuance of a permit or other grant of approval for the develop~

ment of a remainder parcel "POIl1 a finding by the local agency thatfulfillment of the construction requirements is necessary for reasons of:

(1) The public health and safety; Qr(2) The required construction is a necessary prerequisite to the

orderly development of the surrounding area.[Added, Chapter 383, Statutes of 1979)

CHAPTER 2. MAPSARTICLE I. GENERAL PROVISIONS

66425. The necessity for tentative, final and parcel maps shallbe governed by the provisions of this chapter.

-5-

66426. A tentative and final map shall be required for all suhdivisions creating five or more parcels, five or morc condominiumsas defined in Section 783 of the Civil Code, a community apartmentproject contl1ining five or morc parcels, or for the conversion of a dwelI~

iug to a stock cooperative containing five or more dwelling unitc;, except where:

(a) The land before division contains less than five acres, eachparcel created by the division abuts upon a maintained public streetor higlrway and no dedications or improvements arc required by thelegislative body, or

(h) Eaeh pareel created by the division has a gross area of 20 aeresor more and has an approved access to a maintained public street orhighway, or

(e) TIle land eonsists of a pareel or pareels of land having approved access to a public street or highway which comprises partof a tract of land zoned for industrial or commercial development,and which has the approval of the governing body as to streetalignments and widths, or

(d) Eaeh pareel ereated hy the division has a gross area of notless than 40 acres or is not less than a quarter of a quarter sectiom.

A parcel map shall be required for those suhdivisions deseribedin suhdivisions (a), (h), (e), and (d).


66427. A map of a eondominimn project, a eommunity apartment project, or of the conversion of five or more existing dwellingunits toa stoell: cooperative project need not show the buildings or themanner in which the buildings or the airspace above the property shoWn0IIl the map are to he divided, nor shall the governing hody have the rightto refuse approval. of a parcel, tentative or final map of such a .projecton account of design or location of buildings on the property shownon the map not violative of local ordinances or on account of themanner in which airspace is to be divided in conveying the .condominium. Fees and lot design reqniremeuts shall be eomputed andimposed with respeet to sueh maps on the hasis of pareels or lots ofthe surfaee of the land shown thereon as inclnded in the project.Nothing herein sball be deemed to limit the power of tbe legislativebody to regulate ti,e design or location of huildings in sueh a projecthy or pursuant to local ordinanees.


66427.1. Tlte legislative body shall not approve a final map for asubdivision to be created from the conversion of residential real propertyinto a condominium project, a community aparUllent project, or a stock ..eoopertive project unless it finds both that:

(a) Each of the tenants of the proposed. condominium, community apartment project, orstock cooperative project has been or wiII begiven 120 days' written notice of intention to convert prior to tennination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in perfonnance of their convenants, including,

-6-

but not limited to the provision of services, payment of rent or theobligations imposed by Sections 1941, 1941.1 and 1941.2 of the CivilCode.

(h) Each of the tenants of the proposed condominium, COIIllllUllM

ity apartment project, or stock cooperative project has been or will begiven notice of an exclusive right to contract for the purchase of theirrespective units upon the same terms and conditions that such units willbe initially offered to the general public or terms more favorable to thetenant. The right shall run for a period of not less than 60 days fromthe date of issuance of the subdivision public report pursuant to Section11018.2 of the Business and Professions Code, unless the tenant givesprior writtem notice of his intention not to exercise the right.

(c) This section shall not diminislt, limit or expand, other than asprovided herein, the authority of any city, county, or city and countyto approve or disapprove condominium projects.


66427.2. Unless applicable general or specific plans contain definite objectives and policies, specifically directed to the conversion ofexisting buildings into condominium projects or stock cooperatives, theprovisions of Sections 66473.5, 66474, and 66474.61, and subdivision (c)of Section 66474.60 shall not apply to condominium projects or stockcooperativess which consist of the subdivision of airspace in an exi~tingstructure, unless new units are to be constructed or added.

A city, county, or city and county acting pursuant to tillS sectionshall approve or disap rove the conversion of an existin buildim toa stock cooperativc WIt n ays 0 owmg receipt 0 a comp ctcapplication for approval of such conversion.

This section shall illot diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county toapprove or disapprove condominium projects.


66428. Local ordinances may require a tentative map where aparcel map is required by this chapter. Aparcehmap/shaIIbe/requiredfor subdiVisioIiSll,Ftocwhicha/finahorparceh,map/isnotcothenvisere,qnired/by/thischapter, unless the preparation of such parcel map iswaived hy local ordinance as provided in this section, and providedfurther that a parcel map shall not be required for subdivisions createdby short-term leases (terminable by either party on not more tlllUi 30days' notice in writing) of a portion of the operating right-of.way ofa railroad corporation defined as such by Section 230 of the PnblicUtilities Code, or for land conveyed to or from a govenmnental agency,public entity or public utility, or to a subsidiary of a public utility forconveyance to such public utility for rights.of-way. unless a showingis made in individual cases, u on substantial evidcnce, that ublic poli(~y

necessitates such a parce map.A local agency shall, by ordinance, provide!U'l"ocedJ1.!"j;__(OI'~~~lyiJtlg

the.reqJ1irementfora.parcelmap,·.imposed.by...~ .• divisioD:rincludingtltcrequirements for a .parceLmapimposedoy. ection 66'1:26.. The or·dinance shall require a finding by the legislative body or advisory agency,

-7-

that the proposed division of land complies with such requirements asmay have been established by this division or local ordinance enactedpursuant thereto as to area, improvement and design, floodwater drain~

age control, appropriate improved public roads, sanitary disposal fa~

cilities, water supply availability, environmemtal protection, and otherrequirements of this division or local ordinance enacted pursuant thereto.In any case, where the requirement for a parcel map is waived by localordinance pursuant to provisions of this section, a tenltative map maybe required by local ordiuauce.


66429. Of the maps required by this division, only final andparcel maps may be filed for record in the office of the county recorder.

66430. No final map or parcel map required by this chapter orlocal ordinance which creates a subdivision shalI be filed with thelocal agency without the written consent of all parties llaving anyrecord title interest in the real property proposed to be subdivided,except as otllerwise provided in this division.

66431. Upon mutual agreement of their respective legislative hod.ies, the county surveyor may perform any or all of the duties assignedto the city engineer, including required certifications. Wllcnever suchduties have been divided between the county surveyor and city en~

gineer, each officer shalI certify to tbe duties performed by him.

ARTICLE 2. FINAL MAPS66433. The content and form of final maps shall be governed by

the provisions of this article.

66434. The final map shall be prepared by or under the directionof a registered civil engineer or licensed land surveyor, shall be basedupon a survey, and shall conform to all of the following provisions:

(a) It shalI be legibly drawn, priuted, or reproduced by a pro..cess guaranteeing a permanent record in black on tracing cloth orpolyester base film. Certificates, affidavit" and acknowledgments maybe legibly stamped or printed upon the map with opaque ink. Ifink is used on polyec;;ter base film, the inl\: surface shall be coatedwith a suitable substance to assure permanent legibility.

(h) The size of each sheet shalI be 18 by 26 inches. A marginalline shall be drawn completely around each sheet, leaving an entirelyblank margin of one inch. The scale of the map shalI be large enoughto show all details clearly and enough sheets shall be used to ac·complish this end. The particular number of the sheet and the totalnumber of sheets comprising the map shall be stated on each of thesheets, and its relation to each adjoining sheet shall be clearly shown.

(c) AlI survey and mathematical information and data necessaryto locate an monuments and to locate and retrace any and all interiorand exterior boundary lines appearing thereon shall be shown, in~

eluding bearings and distances of straight lines, and radii and arclength or chord bearings and length for alI curves, and such infor·

-8-

mation as may be necessary to determine the location of the centersof curves and ties to existing monuments used to establish the subdivision boundaries.

(d) Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named.

(e) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the snbdivision,and particularly it'i relation to surrounding surveys. TIle location of adesignated "remainder" parcel shall be indicated, but need not be in~

dicated as a matter of SUITe but onl b deed reference to the existinoundaries of such remainder if such remainder has a gross area of

five acres or rome.(f) When a soils report, a geologic report, or soils and geologic

reports have been prepared specifically for the subdivision, snch factshall be noted on the final map, together with the date of such reportor reports, the name of the engineer making the soils report andgeologist ,malting the geologic report and the location where thereports are on file pursuant to Section 66434.5.

(g) It shall also satisfy any additional survey and map requirements of local ordinances.


66434.1. In the event that an owner's development lien has beencreated ursuant to the rovisions of Article 2.5 comrnencin with

ectlOl!1 3932 ) of Chapter 3 of Part 23 of the Education Code on thereal property or portifrn thereof subject to the final rna a notice~alL be placed on e face of the na map specifically referencingthe book and page in the county recorder's office in which the resolution creating the owner's development liem was recorded. The noticeshall state that the p-roperty subdivided is subject to 3n owner's deve1apment lien and that each parcel created by the recordation of the finalmap shall be subject to a prorated amount of the rovner's developmentlien on a per acre or portion thereof basis.


66434.5. The soils report, geologic report, or soils and geologicreports specified in snbdivision (f) of Section 66434 shall be kept onfile for public inspection by the city or county having jurisdiction.


66435. Prior to filing, those certificates and acknowledgmentsset forth in this article shall appear on the final map and may becombined where appropriate.

66436. A certificate, signed and acknowledged by ail partieshaving any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except as follows:

(a) Neither a lien for state, county, municipal or local taxes,nor for special assessments, nor a trust interest under bond illdentures,

-9-

nor mechanics' liens constitute a record title interest in land for thepurpose of this chapter or local ordinance.

(b) The signature of either the holder of beneficial interests undertrust deeds or the trustee under such trust deeds, but not both, maybe omitted. The signature of either shan constitute a fun and com~

plete subordination of the lien of the deed of trust to the map andany interest created by the map.

(c) Signatures of parties owning the following types of interestsmay be omitted if their names and the nature of their respective inNterests are stated on the final map:

(1) Rights-of-way, easements or other interests which cannot ripeninto a fee, except those owned by a public entity or public utility.H, however, the legislative body or advisory agency detennines thatdivision and development of the property in the manner set forth onthe approved or conditionally approved tentative map will not unreasonably intenere with the free and complete exercise of the publicentity or public utility right~ofNway or casement, the signature of suchpublic entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch ofthe proposed final map, together with a copy of this section, to anypublic entity or public utility whicll has previously acquired a rightof-way or easement.

If the public eutity or utility objects to either (i) recording the finalmap without its signature; 01' (ii) the detenninatiou of the legislativebody or advisory agoocy that the divisiou and developmeut of the property will not nnreasonably interfere with the full and complete exerciseof its right-of-way 01' easement, it shall so notify the subdivider and thelegislative body 01' advisory agency within 30 days after receipt of the.materials from the subdivider.

If the public entity 01' utility objects to recordiug the final mapwithout its signature, the public entity 01' utility so objecting may affixits signature to the final map within 30 days of filing its objection withthe legislative body 01' advisory agency.

If the public entity 01' utility either (i) does not file an objectionwith the legislative body 01' advisory agency; 01' (ii) fails to affix itssignature within 30 days of filing its objection, to recording the mapwithout its signature, the local agency may record the final map without such signature.

If the public entity 01' utility files an objection to the determinationof the legislative body or advisory agency that the division and development of the property will not unreasonably interfere with the exerciseof its right-of-way 01' easement, the legislative body 01' advisory agencyshall set the matter for public hearing to be held not less than 10 normore than 30 days of receipt of the objection. At such hearing, thepublic entity 01' public utility shall present evidence in support of itsposition that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector'sright.of~way or easement.

If the legislative hody or advisory agency finds, following such hearing, that the development and division will in fact unreasonably interfere

-10-

with the free and complete exercise of the objector's rightMof~way or easeMment, it shall set forth those conditioI15 whereby such unreasonable inMterference will be eliminated and upon compliance with such conditionsby the subdivider, the fiual map may be recorded with or without the signature of the objector. If the legislative body or advisory ageucy findsthat the development and division will in fact not unreasonably interferewith the free and complete exercise of the objector's rightMofMway oreasement, the final map may be recorded without the signature of theobjector, notwithstanding its objections thereto.

Failure of the public entity or public utility to file au objectionpursuant to this section shall in no way affect its rights under arightMofMway or easement.

(2) Rights-of-way, easements or reversions, which by reason ofchanged conditions, long disuse or laches appear to be no longer ofpractical use or value and signatures are impossible or impractical toobtain. A statement of the circumstances preventing the procurementof the signatures shall also be stated on the map.

(3) Interests in or rights to minerals, including but not limited tooil, gas or other hydrocarbon substances.

(d) Real property originally patented by the United States or bythe State of California, which original patent reserved interest toeither or both of such entities, may be included in the final mapwithout the consent of the United States or the State of Californiathereto or to dedications made thereon.


66439. Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by. a certificate onthe final map, signed and acknowledged by those parties having anyrecord title interest in the real property being subdivided, subjectto the provisions of Section 66436.

In the event any street shown on a final map is not offeredfor dedication, the certificate may contain a statement to this effect.If such statement appears on the fmal map and if the map is approvedby the legislative body, the nse of any such street or streets by thepublic shall be permissive only.

An offer of dedication of real property for street or public utilityeasement purposes shall be deemed not to include any public utilityfacilities located on or under such real property unless and only tothe extent and intent to dedicate such facilities is expressly stated inthe certificate.


66440. The final map shall contain a certificate for execution bythe clerk of cach approving legislative body stating that the bodyapproved the map and accepted, accepted subject to improvement,or rejected, on behalf of the public, any real property offered fordedication for public use in conformity with the terms of the offerof dedication.

66441. A certificate by the engineer or surveyor responsible for

-11-

the survey and final map is required. His certificate shall give ti,edate of the survey, state that the survey and final map were madeby him or under his direction, and that the survey is true and com~plete as shown.

The certificate shall also state that all the monnments are of thecharacter and occupy the positions indicated, or that they will he setin such positions on or before a specified later date. The certificateshall also state that the monuments arc, or will he, sufficient to enablethe survey to he retraced.

66442. (a) If a subdivision for which a final map is required lieswithin an unincorporated area, a certificate hy the county surveyorand, if such subdivision lies within a city, a certificate by the cityengineer is required. The appropriate official shall state that:

(1) He has examined the map.(2) The suhdivision as shown is substantially the same as it

appeared on the tentative map, and any approved alterationsthereof.

(3) All provisions of this chapter and of any local ordinancesapplicable at the time of approval of the tentative map have beencomplied with.

(4) He is satisfied that the map is technically correct.(b) The county surveyor or the city engineer, as the case may

be, or other public official or employee qualified and authorized toperform the functions of either, shall complete and file with his legislative body his certificate as required by this section within 20 daysfrom the time the final map is submitted to him by the subdividerfor approval.

66443. In addition to the certificates and acknowledgments re-·quired herein for final maps, such maps shall contain such other cerw

tificates and aclmowledgments as are required by local ordinance.

ARTICLE 3. PARCEL MAPS66444. The content and form of parcel maps sball be governed

by the provisions of this article.

66445. The parcel map sball be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall showthe location of streets and property lines bounding tbe property andshall 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 orpolyester base film. Certificates may be legibly stamped or printedupon tbe map with opaque ink. If ink is used on polyester base film,the inl\: surface shall be coated with a suitable substance to assure perw

manent legibility.(b) The size of eacb sbeet shall be 18 x 26 incbes. A marginal

line shall be drawn completely around each sheet, leaving an entirelyblank margin of one incb. Tbe scale of the map shall be large enoughto show all details clearly and enough sbeets sball be used to accom-

-12-

plish this end. The particular number of the sheet and the total number of sbeets comprising the map shall be stated on each of the sheets,and its relation to each adjoining sheet shaH be clearly shown.

(c) Each parcel shall be nnmbered or otherwise designated.(d) The exterior boundary of the land ineluded within the sub

division shall be indicated by distinctive symbols and clearly so designated.

(e) The map shall show the location of each parcel and its relation to surrounding surveys. The location of a designated remainderparcel shaH be indicated but need not be indicated as a matter ofsurvey but only by deed reference to the existing record boundariesof such remainder if such remainder has a gross area of five acres ormore.

(f) Subject to tbe provisions of Section 66436, a certificate, signedand aclmowledged by all parties having any record title interest inthe real property subdivided, consenting to the preparation andrecordation of the parcel map is required, except that less inclusive requirements may be provided by local ordinance.

However, with respect to a division of land into four or fewerparcels, where dedications or offers of dedications are not required,tlle certificate shall be signed and aclmowledged by the snbdivideronly; provided, however, where a subdivider does not have a recordtitle ownership interest in the property to be divided, the local agencymay require that the subdivider provide the local agency with satisfactory evidence tlmt the persons with record title ownership lraveconsented to the proposed division. For purposes of this paragraph, ~ ~

"record title ownership" shaH mean fee title of record unless a lease.. 'ithold interest is to be divided, in which case "record title ownership" ,.,shall mean ownership of record of such leasehold interest; "record '~:Jtitle ownership" docs not include ownership of mineral rights or othersubsurface interests which have been severed from ownership of thesurface.

(g) It shall also satisfy any additional map requirements of localordinances consistent with this division.

[Amooded, Chapter 383, Statutes of 1979]

66447. If dedications or offers of dedication are required, theymay be made either by certificate on the parcel map or by separateinstrument, as provided by local ordinance. If dedications or offersof dedication are made by separate instrument, such dedications oroffers of dedication shaH be recorded concurrently with, or prior to,the parcel map being filed for record.

Such dedication or offers of dedication, whether by certificate orseparate instrument, shall be signed by the same parties and in thesame manner as set forth in Section 66439 for dedications by a finalmap.

66448. In all cases where a parcel map is reqnired, such map shallbe based upon a field survey made in conformity with the LandSurveyors Act when required by local ordinance, or, in absence ofsuch requirement, shall be based either upon a field survey made in

-13-

conformity with the Land Surveyors Act or be compiled from recorded or filed data when sufficient survey infonnation exists onfiled maps to locate and retrace the exterior boundary lines of theparcel map if the location of at least one of these boundary lines canbe established from an existing monumentcd line.

66449. The following certificates shall appear on a parcel map:

(a) Engineer's (surveyor's) certificate:

This map was prepared by me or under my direction (and wascompiled from record data) (and is based upon a field survey) inconfonnance with the requirements of the Subdivision Map Act andlocal ordinance at the request of (name of person authorizing map) on(date). I hereby state that this parcel map substantially conforms tothe approved or conditionally approved tentative map, if any.

(Signed) _

R.C.E. (or L.S.) No _

(b) Recorder's certificate.

Filed this __ day of , 19_, at --'l1. in

Book __ of __, at page __, at the request of _

Signed__c::- ---=-__County recorder


66450. If a subdivision for which a parcel map is required lieswithin unincorporated ten-itary, the parcel map shall be submittedto the county surveyor for his examination prior to filing, and if suchsubdivision lies wthin a city, the parcel map shall be submitted to thecity engineer for his examination prior to filing.

Within 20 days after receiving the parcel map, such officer orofficers shall examine it for the survey information shown thereon,and if satisfied that it is teclmically correct, the following certificationshall be placed on the map.

County Surveyor's Certificate(or City Engineer's Certificate)

This map confonns with the requirements of the Subdivision MapAct and local ordinance.

Dated: _

Signed: -,--,-__c::-__County surveyor/city engineer


-14-

CHAPTER 3. PROCEDURE

ARTICLE i. GENERAL PROViSiONS66451. The procedures set forth iu this chapter shall goveru the

processing, approval, conditional approval or disapproval and filingof tentative, final and parcel maps and the modification thereof.Local ordinances may modify such procedures to the extent autho~

rized by this chapter.

66451.1. The time limits specified in this chapter for reportingand acting on maps may be extended by mutual consent of the subdivider and the advisory agency or legislative body required to rcport or act.

66451.2. The local agency may establish reasonable fees for theprocessing of tentative, final and parcel maps and for other procedures required or authorized by this division or local ordinance.

66451.3. Whenever a public hearing is held pursuant to thisdivision, notice of the time and place thereof, including a generaldescription of the location of the subdivision or proposed subdivision,shall be giveu at least 10 days before the hearing. Such notice shallbe given by publication once in a newspaper of general circulationpublished and circulated in the local agency, or if there is none, byposting the notice in a [sic] least three public places in the local agency,or if the subdivision lies within a city, published in a newspaper ofgeneral circulatiou priuted and puhlished in the county and circulated in the city. In addition to notice by puhlication, a localagency may give notice of the hearing in such other manner as it maydeem necessary or desirable, as provided by local ordinance. Anyinterested person may appear at such a hearing and shall be heard.

ARTICLE 2. TENTATIVE MAPS66452. A tentative map shall be filed with the clerk of the ad

visory agency or, if there is no such agency, with the clerk of thelegislative body, or with such other officer or employee of the localagency as may be designated by local ordinance.

66452.1. (al If the advisory agency is not authorized hy localordinance to approve, conditionally approve or disapprove the ten~

tative map, it shall make its written report on the tentative map tothe legislative hody within 50 days after the filing thereof with itsclerk.

(b) If the advisory agency is authorized by local ordinance toapprove, conditionally approve or disapprove the tentative map, itshall take such action withiu 50 days after the filing thereof with itsclerk and report its action to the subdivider.

66452.2. (a) If there is an advisory agency which is not authorized by local ordinance to approve, conditionally approve or disapprovethe tentative map, at the next regular meeting of the legislative bodyfollowing the filiug of the advisory ageucy's report with it, the legislative body shall fix the meeting date at which the tentative map will

-15-

be considered by it, which date shall be within 30 days thereafter andthe legislative body shall approve, conditionally approve or disapprovethe tentative map within such 30~day period.

(b) If there is no advisory agency, the clerk of the legislativebody shall submit the tentative map to the legislative body at its nextregular meeting which shall approve, conditionally approve or dis~

approve such map witbin 50 days thereafter.

66152.3. Any report or recommendation on a tentative map bythe staff of the local agency to the advisory agency or legislative bodyshaH be in writing and a copy thereof served on the subdivider atleast three days prior to any hearing or action on such map by suchadvisory agency or legislative body.

66152.1. If no action is taken upon a tentative map by an advisoryagency whicb is authorized by local ordinance to approve, conditionallyapprove or disapprove the tentative map or by the legislative body with.in the time limits specified in this chapter or any authorized extensionthereof, tbe tentative map as filed, shall be deemed to be approved,insofar as it complies with other applicable requirements of this divisionand local ordinance, and it sball be the duty of the clerk of the legislative body to certify such approval.

66152.5. (a) The subdivider may appeal from any action of theadvisory agency with respect to a tentative map to the appeal boardestablished by local ordinance or, if none, to the legislative body.

Any such appeal shall be filed with tbe clerk of the appeal board,or if there is none, with the clerk of the legislative body within 15days after the action of the advisory agency from which the appealis being tallen. .

Upon the filing of an appeal, the appeal board or legislative bodyshall set the matter for hearing. Such hearing shall be held within 30days after the date of filing tbe appeal. Within 10 days following theconclusion of the hearing, the appeal board or legislative body shallrender its decision on the appeal.

(b) The subdivider or the advisory agency may appeal from theaction of the appeal board to the legislative body. Any such appealshall be filed with the clerk of the legislative body within 15 daysafter tbc action of tbe appeal board from which the appeal is beingtaken.

Upon the filing of an appeal, the legislative body shall set thematter for hearing. Such hearing shall be hcld within 30 days afterthe date of filing the appeal. Within 10 days following the conclusionof the hearing, the legislative body shall render its decision on theappeal. The decision shan comply with the provisions of Sections66173, 66173.5 and 66174, and shall include any findings required bysuch sections.

(c) If there is an appeal board and it fails to act upon an appealwithin the time limit specified in this chapter, the decision from whichthe appeal was taken shall be deemed affirmed and an appeal therefrom may thereupon be taken to the legislative body as provided insubdivision (b) of this section. If no such further appeal is taken,

-16-

the tentative map, insofar as it complies with applicable requirementsof this division and local ordinance, shall be deemed approved or con~

ditionally approved as last approved or conditionally approved by theadvisory agency, and it shall be the dnty of the clerk of the legislativebody to certify such approval, or if the advisory agency is one whichis not authorized by local ordinance to approve, conditionally approveor disapprove the tentative map, the advisory agency shall submit itsreport to the legislative body as if no appeal had been taken.

If the legislative body fails to act upon an appeal within the timelimit specified in this chapter, the tentative map, insofar as it comMplies with applicable requirements of this division and 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 clerkof the legislative body to certify such approval.

(d) Where local ordinance so. provides, any interested personadversely affected by a decision of the advisory agency or appealhoard may file a complaint whh the governing body concerning anydecision of the advisory agency or appeal board. Any such complaintshall be filed with the clerk of the governing body within 15 days afterthe action of the advisory agency or appeal board which is the subMject of the complaint. Upon the filing of the complaint the governingbody may set the matter for hearing. Such hearing shall he held within 30 days after the filing of the complaint. Such hearing may be apublic hearing for which notice shall be given in the time and mannerprovided.

Upon conclusion of the hearing the governing body shall, withinseven days, declare its findings based upon the testimony and docuMments produced before it or before the advisory board or the appealboard. It may sustain, modify, reject or overrule any recommendaMtions or rulings of the advisory board or the appeal board and maymal{e such findings as arc not inconsistent with the provisions of thischapter or local ordinance adopted pursuant to this cltapter.

66452.6. (a) An approved or conditionally approved tentativemap shall ex ire 12 months after its a l'oval or conditional a roval,or a tel' suc 1 a ItlOnal period of time as may be prescribed by localordmance. not to exceed an additional ]8 months.

(b) The period of time specified in subdivision fa) shall not include any period of time during which a water or sewer moratorium,imposed after approval of the tentative man, is in existence, providedhowever, that the lcmgth of such moratorium does nOf· exceed fiye years.

Once such a moratorium· is terminated, the map shall be valid forthe same period of time as was left to run on the map at the timethat the moratorium was imposed; provided, however, that if suchremaining time is less than 120 days, the map shall be valid for 120days followimg the termination of the moratorium.

This subdivision shall apply to a tentative map approved or conMditionall 'a roved riol'to anuar 1, 1978 includin an rna whichhas expired during a moratorium which was imposed on or after pril1, 1977.

-17-

(c The eriod of time s ecified in subdivision a shall not include auy period of time during whicll a lawsuit has beeu filed auis enrlin in a court of com tent 'urisdiction involvin the a rovalor conditional a roval of a tentative rna if a sta 0 sue tune 1

is approved by the local agency pursuant to this section. ithin.da s of the service of the mitial etition or com laint in such lawsuitypon the local agency, the subdivider may app y to e Deal Wiencyfor a stay pursuant to the local agency's adopted procedures.ithm40 days after receiving such application, the local agency shall eitherstay the time period for up to five years or deny the requested stay.The local agency may, by ordinance. establish procedures for reviewing suchJ:e.q=ti;, including, but not limited to, notice and hearing

..re.quirements,..,aPllldlLprocedures and other administrative requirements.This subdivision rna be a lied to tentative rna s a roved or

conditionally approved prior to the ective date of the act amen ing thuction to adcLt!liLsubdivision, if the subdivider makes application for a stay to the local-'!gf1llcy within 60 \!:lys after the effectivedate of such act.

(d) The expiration of the approved or conditionally approvedtentative map shall terminate all proceedings and no final map orparcel map of all or any portion of the real property included withinsuch tentative map shall be filed without first processing a new tentativemap.

(e) Upon application of the subdivider filed prior to the expirationof the approved or conditionally approved tentative map, the time atwhich such map expires may be extended by the legislative body orby an advisory agency authorized to approve or conditionally approvetentative maps for a period or periods not exceeding a total of twoyears. If dIe advisory agency denies a subdivider's application for ex- .tension, the subdivider may appeal to the legislative body within 15days after the advisory agency has denied the extension.


66452.7. The governing body, when there is no advisory agencyor the advisory agency is required by Section 66455.5 of the Government Code to submit the tentative map to the Office of Intergovernmental Management, may extend the time pennitted for action onsuch map if it is required to allow consideration of the evaluationreceived from the Office of Intergovernmental Management, but suchextension shall not exceed 15 days.

ARTICLE 3. REVIEW OF TENTATIVE MAP BYOTHER AGENCIES

66453. A local agency may make recommendations concerningproposed subdivisions in any adjoining city or in any adjoining unincorporated territory provided such subdivisions are within three milesof the exterior boundary of such local agency. A local agency whichdesires to make recommendations concerning such proposed subdivisions shall file with the local agency having jurisdiction of such sub-

-18-

divisions a map indicating the territory in which it desires to makesuch recommendations.

The local agencies receiving snch territorial map shall issne areceipt therefor and shall thereafter transmit to the official designatedby such local agency one copy of each tentative map of subdivisionslocated wholly or partially within the territory oudined on the territorial map. Such transmission shall be within five days after thereceipt of the tentative map.

Any local agency receiving snch tentative map shall make itsrecommendation to the local agency having jurisdiction of the subdivision within 15 days after receipt of such tentative map. Therecommendations shall be taken into consideration by the local agencyhaving jurisdiction before action is taken upon the tentative map.

664:54:. Any subdivider may file with a city the tentative map ofa proposed subdivision of unincorporated territory adjacent to suchcity. The map, in d,e discretion of the city, may be acted npon in themanner provided in Article 2 (commencing with Section 664:52) ofthis chapter, except that if it is approved, such approval shall beconditioned upon annexation of the property to such city within suchperiod of time as shall be specified by the city, and such approvalshall not be effective until annexation of such property to the city hasbeen completed. If annexation is not completed within the timespecified or any extension thereof, then the approval of such map bysuch adjacent city shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by a cityunless annexation thereof to the city is completed prior to the approval of the final map thereof.

664:55. The State Department of Transportation may file withthe legislative body of any local agency having jurisdiction, a mapor an amended map of any territory within one mile on either or bothsides of any state highway routing in which territory it believes the subdivision would have an effect upon an existing state highway or a futurestate highway, the route of which has been adopted by the CaliforniaHighway Commission.

The city or county having jurisdiction shall issue a receipt for theterritorial map and thereafter slmll transmit to the district office ofthe Division of Highways of such department in the district in whichthe proposed subdivision is located, widlin three days after the receipt thereof, one copy of each tentative map of any subdivision located wholly or pardy within the territory oudined on the territorialmap.

The department upon receiving a copy of the map may, within15 days after receipt thercof, make recommendations to the localagency in connection therewith regarding the effect of d,e proposedsubdivision upon such highway or highway route.

[Amended, Chapter 24:, Statutes of 1975]

664:55.5. Upon the filing of a tentative map as provided in Section 664:52, it may be submitted to the Office of IntergovermnentalManagement pursuant to Section 12037 of the Government Code

-19-

for an evaluation of the enviroumental impact of the proposed sub.division. If 'the subdivision in question is a land project as definedby Section 11000.5 of the Business and Professions Code, such sub.mission shall be required prior to approval of the map.

66455.6. The clerk of the legislative body or the advisory agencyof each local agency having jurisdiction over any part of the coastalzone, as defined in Section 27100 of the Public Resources Code, shalltransmit to the office of the California Coastal Zone ConservationCommission within tllree days after the receipt thereof, onc copy ofeach tentative map of any subdivision located, wholly or partly, within the coastal zone, and such commission may, within 15 daysthereafter, make recommendations to the appropriate local agencyregarding the effect of the proposed subdivision upou the CaliforniaCoastal Zone Conservation Plan. This section does not exempt anysuch subdivision from the permit requirements of Chapter 5 (com.mencing with Section 27400) of Divisiou 18 of the Public ResourcesCode.

This section shall remain in effect ouly until the first day ofJauuary after the final adjournment of tile 1975·76 Regular Session ofthe Legislature and as of that date is repealed.

66455.7. Within 10 days of the filing of a tentative map asprovided in Sectiou 66452, tile clerk of the legislative body or advisory agency shall send a notice of the filing of the tentative mapto the governing board of any elementary, high school, or unifiedschool district within the boundaries of which the subdivision is proposed to be located. Such notice shall also contain information aboutthe location of the proposed subdivision, the number of units, density,and any other informatiou which would be relevant to the affected.school district. Such governing board may review the notice and maysend a written report thereon to the agency required by law to approve such tentative map. If a written report is made by the governing board, the report shall iudicate tile impact of the proposed sub.division on the affected school district and shall make such recommendations as the governing board of the district deems appropriate.If a written report is made by the governing board, SUcll report shallbe returned witllin 20 workiug days of the date on which the noticewas mailed to the school district for comment. In the event that the!(overning board of any such district fails to respond within the 20.day period, such failure to respond shall be deemed approval of theproposed subdivision.


ARTICLE 4. FINAL MAPS66456. After the approval or conditional approval of the ten·

tative map and prior to the expiration of such map, the subdividermay cause the real property included within the map, or any partthereof, to be surveyed and a final map thereof prepared in accordancewith the approved or conditionally approved tentative map.

-20-

66456.1. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expirationof the tentative map; provided, however, that the subdivider, at thetime the tentative map is filed, infonns the advisory agency of the localagency of tbe subdivider's intention to file multiple final maps on suchtentative map. In providing such notice, the subdivider shall not berequired to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approvedor conditionally approved tentative map shall not invalidate any partof such tentative map. Ti,e right of the subdivider to file multiple finalmaps sball not detract from the authority of the local agency to imposereasonable conditions relating to tbe filing of multiple final maps.

[The legislature finds and declares that the authorization to file multiple final maps relating to an approved or conditionally approvedtentative map prior to the expiration of such tentative map, specified in Section 66456.1 of the Government Code, as enacted by Section 1 of this Act, is declaratory of existing law.]


66457. (a) A final 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 on such maphave 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 entirely within unincorporatedterritory, the map shall be filed with the county; and if partially within two or more of such territories, the map shall he filed with each,and in tbe latter case each shall act thereon as provided in this chapter.

66458. (a) TI,e legislative body shall within a period of 10 daysafter the filing of the final map for approval or at its next regularmeeting after the meeting at which it receives the map, whicheveris later, approve the map if it confonns to all the requirements of thischapter and any local subdivision ordinance applicable at the timeof approval or conditional approval of the tentative map and anyrulings made tbereunder or, if it does not so confonn, disapprove themap.

(b) If the legislative body docs not approve or disapprove themap within the prescribed time, or any authorized extension tIlereof,and the map conforms to all said requirements and rulings, it shall bedeemed approved, and the clerk of the legislative body shall certifyits approval thereon.

66462. (a) If, at the time of approval of the final map by thelegislative body, any public improvements required by the local agencypursuant to tlle provisions of this division or local ordinance have notbeen completed and accepted in accordance with standards establishedby the local agency by ordinance applicable at the time of the approval or conditional approval of the tentative map, the legislativebody, as a condition precedent to the approval of the final map, shallrequire the subdivider to enter into one of the following agreementsspecified by the local agency:

-21-


(1) An agreement with the local agency upon mutually agreeabletcons to thereafter complete such improvements at the subdivider'sexpense.

(2) An agreemeut with the local agency to thereafter (i) initiateand consummate proceedings under an appropriate special assessmentact for the financing and completion of all such improvements or(ii) if not completed undcr such special assessment act, to completesuch improvements at the subdivider's expense.

(b) Such standards may be adopted by referencc, without posting or publishing them, if they have been printed in book or bookletform and three copies thereof have been filed for use and examinationby the public in the office of the clerk of the legislative body.

(c) The local agency entering into any agreement pursuant to thissection shall require that perfonnance of such agreement be guaranteed by the security specified in Chapter 5 (connnencing with Section66499).

ARTICLE 5. PARCEL MAPS66463. The procedure for processing, approval, conditional ap

proval or disapproval and filing of parcel maps and modificationsthereof shall be as pmvided by local ordinance. The provisions ofSections 66477.1, 66477.2, and 66477.3 relating to dedications andoffers of dedication on final maps shall apply to dedications and offersof dedications on parcel maps.

Where a local agency provides, by ordinance, for the approval,conditional appmval or disapproval of parcel maps by the countyengineer, surveyor or other designated official, such agency may also,_by ordinance, provide that such officer may accept or reject dedications and offers of dedication that are made by certificate on suchmap.

66463.5. (a) When a tentative map is required, an approved orconditionally approved tentative map shall expire 12 months after itsapproval or conditional approval, or after such additional period oftime as may be prescribed by local ordinance, not to exceed an additional 18 months.

(b) The expiration of the approved or conditionally approvedtentative map shall terminate all proceedings and uo parcel map ofall or any portion of the real property included within such tentativemap shall be filed without first processing a new teutative map.

(c) Upon application of the subdivider filed prior to tbe expirationof tlle approved or conditionally approved tentative map, the time atwhich such map expires may be extended by the legislative body orby an advisory agency authorized to approve or conditioually approvesuch tentative maps for a pe~iod or periods not exceeding a total oftwo years. If the advisory agency denies a subdivider's applicationfor extension, the subdivider may appeal to the legislative body withiu 15 days after the advisory agency has denied the extension.

-22-

ARTICLE 6. FILING MAPS WITH COUNTYRECORDER

66464. (a) After the approval by the city of a final map of asubdivision, the city clerk shall transmit the map to the clerk of thecounty board of supervisors for ultimate transmittal to the countyrecorder. The city clerk shall transmit parcel maps approved by thecity directly to the county recorder.

(b) After the approval by the county of a fmal or parcel map ofa subdivision within unincorporated territory, the map shall betransmitted ultimately to the county recorder.

(c) When all certificates and security required under the provisions of Sections 66492 and 66493 of this division have beeu filedand deposited with the clerk of the board of supervisors and approvedby the county, the clerk of the board of supervisors shall certify thatsuch certificates have been med and deposits have been made andshall transmit the final map to the county recorder.


66465. The subdivider shall present to the county recorderevidence that, at the time of the filing of the final or parcel map inthe office of the county recorder, the parties consenting to such filingare all of the parties having a record title interest in the real propertybeing subdivided whose signatures are required by this division, asshown by the records in the office of the recorder, otherwise the mapshall not be filed. ,

For pnrposes oLthi,;s~ctiOI1__a:tlcl_Sl'!,ji(}~ 66436. 66439, and 66447,a public entity which has obtained a prejudgment order for ossessiooo property pursuant to eetioR o_Le-~ __~_ e 0 IV} fQ:

cedure shall be deemed to be the record title owner of the propertyor fa r interests described in the order provided the order for¥ossesslon not been stayed or vacated I!ursuant to Section 1255 420,-255.430, or 1255.440 of the Code of Civil Procedure, no motion therefor is pemding before the court. and ti,e time prescribed by Section1255.420 of the Cooe of Civil Procedure for filing a motion for relieffrom the order has passed.


66466. (a) The county recorder shall have not more than 10 dayswithin which to examine a final or parcel map and either accept orreject it for mingo

(b) If the county recorder accepts the map for filing, such acceptance shall be certified on the face thereof. The map shall besecurely fastened in a book of subdivision maps, in a book of parcelmaps, or in a book of cities and towns which shall be kept for thatpurpose, or in such adler maDDer as will assure tItat such· maps willbe kept together. The map shall become a part of ti,e official recordsof the county recorder upon its acceptance by him for filing.

(c) The fee for filing and indexing such map is as prescribed inSection 27372 of the Government Code.

(d) The original map shall be stored for safekeeping in a repro-

-23-

ducible condition. The county recorder may maintain for publicreference a set of counter maps that are prints of the original mapsand produce the original maps for comparison upon demand.

66467. This chapter shall not prevent filing in the office of thecounty recorder of a final or parcel map of a subdivision for whicha final or parcel map is not required, provided such map meets therequirements of this division and any local ordinance.

66468. The filing for record of a final or parcel map by the countyrecorder shall automatically and finally determine the validity of suchmap and when recorded shall impart constroctive notice thereof.

ARTICLE 7. CORRECTION AND AMENDMENTOF MAPS

66469. After a final map or parcel map is filed in the office of thecounty recorder, it may be amended by a certificate of correction oran amending map:

(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 or

retirement from practice of the engineer or surveyor charged withresponsibilities for setting monuments; or

(e) To show the proper location or character of any monumentwhich has been changed in location or character [sic] originally wasshown at the wrong location or incorrectly as to its character.

(f) To correct any other type of map error or omission as approved by the county surveyor or city engineer, which does not affeet any property right. Such errors and omissions may include, butare not limited to, lot numbers, acreage, street names, and identi..ficatilll1 of adjacent record maps.

As used in this section, "error" does not include changes in coursesor distances from which an error is not ascertainable from the datashown on the final or parcel map.


66470. The amending map or certificate of correction shall beprepared and signed hy a registered civil ""gineer or licensed land surveyor. An amending map shall conform to the requirements of Section66434, if a final map, or Section 66445, if a parcel map. The amendingmap or certificate of correction shall set forth in detail the correctionsmade and show the .names of the present fee owners of the propertyaffected by the correction or omission.


66471. If the subdivision is in unincorporated territory, the countysurveyor shall examine the amending map or certificate of correctionand if the only changes made are thosc set forth in Section 66469,

-24-

he shall certify to this fact on the amending map or certificate ofcorrection. If the subdivision is in a city, such examination and cer~

tification shall be by the city engineer.

66472. TI,e amending map or certificate of correction certifiedby the county surveyor or city engineer shall be filed in the office ofthe county recorder in which the original map was filed. Upon suchfiling, the county recorder shall index the names of the fee ownersand the appropriate tract designation shown on the amending mapor certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have beenconclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though sct forthupon the original map.

CHAPTER 4. REQUIREMENTSARTICLE I. GENERAL

66473. A local agency shall disapprove a map for failnre to meetor perform any of the requirements or conditions imposed by thisdivision or local ordinance enacted pursuant thereto; provided thata final map shall be disapproved only for failure to meet or performrequirements or conditions which were applicable to the subdivisionat the time of approval of the tentative map; and provided furtherthat such disapproval shall be accompanied by a finding identifyingthe requirements or conditions which have not been met or performed.Such local ordiuance shall include, but need not be limited to, aprocedure for waiver of the provisions of this section wIlen the failureof the map is the result of a technical and inadvertent error which, inthe determination of the local agency, does not materially affect thevalidity of the map.


66473.1. The design of a subdivision for which a tentative mapis required pursuant to Section 66426 shall provide, to the extentfeasible, for future passive or natural heating or cooling opportunitiesin the subdivision.

Examples of passive or natural heating opportunities in subdivisiondesign, include design of lot size and configuration to pennit orientation of a stntcture in an east-west alignment for southern exposure..

Examples of passive or natural cooling opportunities in subdivisiondesign include design of lot size and configuration to pennit orienta..tion of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be givento local climate, to contour, to configuration of the parcel to be divided,3Jnd to other design and improvement requirements, and such provisionshall not result in reducing allowable densities or the percentage of alot which may be occupied by a huilding or structure under applicableplanning and zoning in force at the time the tentative map is filed.

The requirements of this section do Illot apply to condominium

-25-

projects which consist of the subdivision of airspace in an existingbuilding when no new structures are added.

For the purposes of this section, "feasible" means capable of beingaccomplished in a successful manner within a reasonable period oftime, taking into account economic, environmental, social and tech.nological factors.


66473.5. No local agency shall approve a map unless the legis.lative body shall find that the proposed subdivision, together withthe provisions for its design and im,Provement, is consistent with thegeneral plan required by Article 5 (commencing with Section 65300)of Chapter 3 of Division 1 of this title, or any specific plan adoptedpursuant to Article 8 (commencing with Section 65450) of Chapter3 of Division 1 of this tide.

A proposed subdivision shall be consistent with a general plan ora specific plan only if the local agency has officially adopted such aplan and the proposed subdivision or land use is compatible with theobjectives, policies, general land uses and programs specified in sucha plan.

66474. A legislative body of a city or county shall deny approvalof a final or tentative map if it makes any of the following findings:

(a) That the proposed map is not consistent with applicablegeneral and specific plans.

(b) That the design or improvement of the proposed subdivisionis not consistent with applicable general and specific plans.

(c) That the site is not physically suitable for the type of devel.opment.

(d) That the site is not physically suitable for the proposed den·sity of development.

(e) That the design of tile subdivision or the proposed improve.ments are likely to cause substantial environmental damage or sub·stantially and avoidably injure fish or wildlife or their habitat.

(f) That the design of the subdivision or the type of improve.ments is likely to cause serious public health problems.

(g) That the design of tile subdivision or tllC type of improve.ments 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 findsthat alternate easements, for access or for usc, will he provided, andthat these will be substantially equivalent to ones previously acquiredby the public. This subsection shall apply only to easements of recordor to easements established by judgement of a court of competentjurisdiction and no authority is hereby granted to a legislative bodyto determine that the public at large has acquired easements for accessthrough or use of property within the proposed subdivision.


66474.1. A legislative body shall not deny approval of a finalmap pursuant to Section 66474 if it has previously approved a ten·

-26-

tative map for tbe proposed subdivision and if it finds tbat the finalmap is in substantial compliance with the previously approved tentative map.


66474.5. No local agency sball approve a final suhdivision map forany land project, as defined in Section 11000.5 of the Business andProfessions Code, unless:

(a) Tbe local ageucy has adopted a specifie plan eovering tbe areaproposed to be included within the land project.

(b) The loeal ageney finds that the proposed land projeet, together with the provisions for its design and improvement, is consistent with the specifie plan for the area.

This seetion shall apply to land projeets for which tentative mapswere approved on or after November 10, 1969.

66474.6. The governing body of any local ageney shall determinewhether the diseharge of waste from the proposed subdivision intoan existing community sewer system would result in violation of existing requirements preseribed by a California regional water qualitycontrol hoard pursuaut to Division 7 (eommencing with Seetion 13000)of the Water Code. In the event that the governing body finds tbatthe proposed waste disebarge would result in or add to violation ofrequirements of such board, it may disapprove the tentative map ormaps of the snbdivision.

66474.7. The responsibilities of the governing body nnder the provisions of Seetions 66473.5, 66474, 66474.1 and 66474.6 may be assignedto an advisory ageney or appeal board provided the governing bodyadopts an ordinanee whicl, allows any interested person to appeal anydecision of the advisory agency or tbe appeal board relative to suchmatters to the governing body. Such appellant shall be entitled to thesame notice and rights regarding testimony as are accorded a subdivider nnder Section 66452.5.

[Added by All 3317, Cbapter 700, Statutes of 1974]

ARTICLE 2. ADVISORY AGENCIES66474.60. (a) In cities having a population of more than 2,800,000,

the design, improvement and survey data of subdivisions and theform and content of tentative and final maps thereof, and the procednre to be followed in securing official approval are governed bythe provisions of this chapter and by the additional provisions of localordinances dealing with subdivisions, the enactment of which is required by this chapter.

(b) Local ordinances may provide a proper and reasonable fee tobe colleeted from tbe subdivider for the examination of tentative andfinal maps.

(c) The advisory agency, appeal board or legislative body shall notapprove a tentative or final subdivision map unless it first finds thatthe proposed subdivision, together with the provisions for its designand improvement, is consistent with applicable general or specific plans.

-27-

66474.61. In cities Imving a population of more than 2,800,000,the advisory agency, appeal board or legislative body shall deny approval of a final or tentative map if it makes any of the followingfindings:

(a) That the proposed map is not consistent with applicable general and specific plans.

(b) That the design or improvement of the proposed snbdivisionis 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 arc likely to cause substantial environmental damage or SUbM

stantially and avoidably injure fish or wildlife or their habitat.(f) That the design of the subdivision or the type of improve

ments is likely to cause serious public health problems.(g) That the design of the subdivision or the type of improve

ments will conflict with easements, acquired by the public at large,for access through or use of property within tlle proposed subdivision.In this connection, the legislative body may approve a map if itfinds that alternate easements, for access or for usc, will be provided,and that these will be substantially equivalent to ones previouslyacquired by the public.

This subdivision shall apply only to easements of record or toeasements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body todetermine that the public at large has acquired easements for accessthrough or use of property within the proposed subdivision.


66474.62. In cities having a population of more than 2,800,000,a legislative body shall not deny approval of a final subdivision mappursuant to subdivision (c) of Section 66474.60 or Section 66474.61if it, the advisory agency or the appeal hoard has previously approveda teutative map for the proposed subdivision and if it finds that thefinal map is in substantial compliance with thc previously approvedtentative IIlap and with the conditions to the approval thereof.

66474.63. In cities having a population of more than 2,800,000,the advisory agency, appeal board or legislative body shall determinewhether the discharge of waste from the proposed subdivision intoan existing community sewer system would result in violation ofexisting requirements prescribed by a California regional water qual.ity control board pursuant to Division 7 (commencing with Section13000) 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 suchboard, the body making such finding may disapprove the tentativemap or maps of the subdivision.

-28-

66474.64. In cities having a popnlation of more than 2,800,000,if the legislative body anthorizes the advisory agency to report itsaction directly to the subdivider, the advisory agency shall, prior tomaking its report to the snbdivider npon a subdivision as defined inthis chapter, give notice of hearing in such manner as may be pre..scribed by local ordinance to the snbdivider and to all propertyowners within 300 feet of the proposed snbdivision and pnrsnantthcreto shall conduct a public hearing at which time all personsinterested in or affected by such proposed subdivision shall be heard.

ARTICLE 3. DEDICATIONS66475. Therc may be imposed by local ordinance a requirement

of dedicatiou or irrcvocable offer of dedication of real property within tile subdivision for streets, alleys, inclnding access rights and abutter's rights, drainage, public utility easements and other public case..ments. Such irrevocable offers may be tenninated as provided insubdivisions (c) and (d) of Section 66477.2.

66475.1. Whenever a subdivider is required pursnant to Section66475 to dedicatc roadways to the public, he may also be required todedicate such additional land as may be necessary and feasible toprovide bicycle paths for thc use and safety of thc residents of thesubdivision, if the subdivision, as shown on the final map thereof,contains 200 or more parcels.

66475.2. There may be imposed by local ordinance a requirementof dedication or irrevocable offer of dedication of land within thesubdivision for local transit facilities such as bus turnouts, benches,sheltcrs, landing pads and similar items which directly benefit theresidents of a subdivision if (a) the snbdivision as shown on thetcntativc map has the potential for 200 dweIling units or more ifdevclopcd to the maximum density shown on the adoptcd generalplan or contains 100 acres or morc, and (b) the governing body findsthat transit services are or will within a reasonable time period bemade available to such subdivision. Such irrevocable offers may beterminated as provided in subdivisions (c) and (d) of Scction 66477.2.

The provisions of this section do not apply to condominiumprojects or stock coop.eratives which CQll1Sist of the subdivision of airspace in an existing apartment building which is more than five yearsold when uo new dwelling UJIlits are added.

[Amended, Chapter II92, Statutes of 1979]

66475.3. For divisions of land for which a tentative map is required pursuant to Section 66426, the legislativc body of a city orcounty may by ordinance requirc, as a condition of the approval ofa tentative map, the dedication of casements for the purpose of as..suring that each parcel or unit in the subdivision for whiclt approvalis sought shalI have the right to receive sunlight across adjacent parcels or units in the subdivision for which approval is sought for anysolar energy system, provided that such ordinance contains all ofthe following:

-29-

(1) Specifies the standards for detennining the exact dimensionsand locations of such easements.

(2) Specifies any restrictions on vegetation, bnildings and otherobjects which would obstruct the passage of sunlight through theeasement.

(3) Specifies the tenns or conditions, if any, under wbieh aneasement may be revised or tenninated.

(4) Specifies that in establishing such easements eonsiderationshall be given to feasibility, contour, configuration of the parcel to bedivided, and cost, and that such easements shall not result in reducingallowable densities or the percentage of a lot which may be occupiedby a building or a structure under applicable planning and zoning inforce at the time such tentative map is filed.

(5) Specifies that the ordinance is not applicable to condominiumprojects which consist of the subdivision of airspace in an existingbuilding where no new structures are added.

For the purposes of this section, "solar energy systems" shall hedefined as set forth in Section 801.5 of the Civil Code.

For pw:poses of this section, "feasibility" shall have the samemeaning as set forth in Section 66473.1 for the tenn "feasible".


66476. There may be imposed by local ordinance a requirement that dedications or offers of dedication of streets include a waiverof direct access rights to any such street from any property shown ona final or parcel map as abutting thereon and if the dedication isaccepted, any such waiver shall become effective in accordance withits provisions.

66477. The legislative body of a city or county may, by ordinance,require the dedication of land, the payment of fees in lieu thereof,or a combination of both, for park or recreational purposes as acondition to the approval of a final map or parcel map, provided that:

(a) The ordinance has been in effect for a period of 30 days priorto the filing of the tentative map of the subdivision or parcel map.

(b) The ordinance ineludes definite standards for determiningthe proportlon of a subdivision, to be dedicated and the amount ofany fee to be paid in lieu thereof.

(c) The land, fees, or combination thereof are to be used onlyfor the purpose of providing park or recreational facilities to serve thesubdivision.

(d) The legislative body has adopted a general plan containing arecreational element, and the park and recreational facilities are inaccordance with definite principles and standards contained therein.

(e) The amount and location of land to be dedicated or the feesto be paid shall hear a reasonable relationship to the use of the parkand recreational facilities by the future inhabitants of the subdivision.

(f) The city or county shall develop a schedule specifying howand when it will use the Ialnd or fees or both to develop park or recHreational facilities. Any fees collected under the ordinance shall be

-30-

committed within five years after the payment of such fees or theissuance of building permits on one-half of the lots created by thesubdivision, whichever occurs later. If such fees are not committed,they shall be distributed and paid to the then record owners of thesubdivision in the same proportion that the size of their lot bears tothe total area of all lots within the subdivision.

(g) Only the payment of fees may be required in subdivisionscontaining fifty (50) pareels or less.

(h) Subdivisions eontaining less than five (5) parcels and not usedfor residential purposes shall be exempted from the requirements ofthis section; provided however, that a condition may be placed onthe approval of sueh parcel map that if a building permit is requestedfor construction of a residential structure or structures on one ormore of the pareels within four years the fee may be required to bepaid by the owner of eaeh sueh pareel as a eondition to the issuauceof such permit.

Land or fees required under this section shall be conveyed or paiddirectly to the local public agency which provides park and reereational services on a communitywide level and to the area within whichthe proposed development will be loeated, if such agency elects to acceptthe land or fee. The local agency accepting such land or funds shalldevelop the land or use the funds in the manner provided herein.

In the event park and recreational services and facilities areprovided by a public ageucy other than a city or a county, the amountand location of land to be dedicated or fees to be paid shall be jointlydetermined by the city or county having jurisdiction and such publicagency.

The provisions of tills section do not apply to industrial subdivisions; nor do they apply to condominium projects or stock cooper..atives which consist of the subdivision of airspace in an existing apartment buildimg which is more than five years old when no new dwellingunits are added, nor do they apply to parcel maps for a subdivisioncontaining less than five parcels for a shopping center containing morethan 300,000 square feet of gross leaseable area and IIlO residential development or uses.

Park and recreation purposes shall include land and facilities forthe activity of "recreational community gardening," which activity consists of the cultivation by persons otlter tham, or in addition to, theowner of sueh land, of plant material not for sale.


66477.1. At the time the legislative body approves a final map, itshall also accept, accept subject to improvement, or reject any offerof dedication. The clerk of the legislative body shall certify on themap the action by the legislative body.

66477.2. (a) If at the time the final map is approved, any streets,paths, alleys, right-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items, which directlybenefit the residents of a subdivision, or stann drainage easementsare rejected, the offer of dedication shall remain open and the legis-

-31-

lative body may by resolution at any later date, and without fnrtheraction by the subdivider, rescind its action and accept and open thestreets, paths, alleys, right-of-way for local transit facilities snch asbus turnouts, benches, shelters, landing pads and similar items, whichdirectly benefit the residents of a subdivision, or stann drainage casements for public usc, which acceptance shall be recorded in the officeof 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 orroutes from public highways to land helow the ordinary high watermark must be accepted within three years after the approval of thefinal map; in the case of any subdivision fronting upon any publicwaterway, river or stream, the offer of dedication of public accessroute or routes from public highways to the bank of the waterway,river or stream and the public easement along a portion of the bankof the waterway, river or stream must be accepted within three yearsafter the approval of the final map; in the case of any subdivisionfronting upon any lake or reservoir which is owned in part or entirelyby any public agency including the state, the offer of dedication ofpublic access route or routes from public highways to any water ofsuch lake or reservoir must be accepted within five years after theapproval of the final map; all other offers of dedication may be accepted at any time.

(c) Offers of dedication which are covered by subsection (a) maybe terminated and abandoned in the same manner as prescribed forthe abandonment or vacation of streets by Part 3 (commencing withSection 8300) of Division 9 of, or by Chapter 2 (commencing withSection 940) of Division 2 of, the Streets and Highways Code, whichever is applicable.

(d) Offers of dedication which are not accepted within thc timelimits specified in subdivision (b) shall be deemed abandoned.

(e) Except as provided in Sections 66499.16, 66499.17 and66499.18, if a resubdivision or. reversion to acreage of the tract issubsequently filed for approval, any offer of dedication previouslyrejected shall bc dcemed to be terminated upon the approval of themap by the lcgislativc body.


66477.3. Acceptance of offers of dedication on a final map shalluot he cffcctivc until the final map is filed in the office of the conntyrecorder or a resolution of acceptance by the legislative body is filedin such office.

66478. Whcthcr by request of a county board of cducation orotherwise, a city or county may adopt an ordinance requiring anysubdivider who develops or completes the development of one or moresubdivisions in one or more school districts maintaining an elementaryschool to dedicate to the school district, or districts, within whichsuch subdivisions are to be located, such land as the local legislativebody shall dccm to be necessary for the purpose of constructing there.on such elementary schools as arc necessary to assure the residents

-32-

of the subdivision adequate public school service. In no case shall thelocal legislative body require the dedication of an amount of landwhich would make development of the remaining land held by thesubdivider economically unfeasible or which would exceed the amountof land ordinarily allowed under the procedures of the State Allocation Board.

An ordinance adopted pursuant to this section shall not be ap~

pIicable to a subdivider who has owned the land being subdivided formore than 10 years prior to the filing of the tentative maps in accordance with Article 2 (commencing with Section 66452) of Chapter3 of this division. The requirement of dedication shall be imposed atthe time of approval of the tentative map. If, within 30 days afterthe requirement of dedication is imposed by tlle city or county, theschool district does not offer to enter into a binding commitment withthe subdivider to accept the dedication, the requirement shall be anto_matically terminated. The required dedication may be made any timebefore, concurrently with, or up to 60 days after, tile filing of thefinal map on any portion of the subdivision. The school district shall,in the event that it accepts the dedication, repay to the subdivideror his successors the original cost to the subdivider of the dedicatedland, plus a sum equal to tile total of tile following amounts:

(a) The cost of any improvements to the dedicated land sinceacquisition by the subdivider.

(b) The taxes assessed against the dedicated land from the date ofthe school district's offer to enter into the binding commitment toaccept the dedication.

(c) Any other costs incurred by the subdivider in maintenance ofsuch dedicated land, including interest costs incurred on any loancovering such land.

If the land is not used by the scbool district, as a school site, within10 years after dedication, the subdivider shall have the option torepurchase the property from the district for the amount paid therefor.

The school district to which the property is dedicated shall recorda certificate with the county recorder in the county in which theproperty is located. The certificate shall contain the following information:

(I) The name and address of the subdivider dedicating theproperty.

(2) A legal description of the real property dedicated.(3) A statement that tile suhdivider dedicating tile property has

an option to repurchase the property if it is not used by the schooldistrict as a school site witllin 10 years after dedication.

(4) Proof of the acceptance of the dedication by the school districtand the date of the acceptance. The certificate shall he recorded notmore than 10 days after tile date of acceptance of the dedication. Thesubdivider shall have the right to compel the school district to recordsuch certificate, but until such certificate is recorded, any rights ac~

quired by any third party dealing in good raitll with tile schooldistrict shall not be impaired or otherwise affected by the optionright of the subdivider.

-33-

If any subdivider is aggrieved by, or fails to agree to tbe reasonableness of any requirement imposed pursuant to this sectioD, hemay bring a special proceeding in tbe snperior court pnrsuant toSection 66499.37.

ARTICLE 3.5. PUBLIC ACCESS TO PUBLICRESOURCES

66478.1. It is tbe intent of tbe Legislature, by tbe provisions ofSections 66478.1 tbrongh 66478.10 of tbis article to implement Section2 of Article XV of tbe California Constitution insofar as Section66478.1 tbrougb 66478.10 are applicable to navigable waters.

[Amended, Cbapter 24, Statutes of 1975]

66478.2. The Legislature finds and declares that the publicnatural resources of this state are limited in quantity and thattbe population of this state has grown at a rapid rate and will continue to do so, tbus increasing tbe need for utilization of publicnatural resources. The increase in population has also increased demandfor private property adjacent to public natural resources throughreal estate subdivision developments which resulted in diminishingpnblic access to pnblic natural resources.

66478.3. The Legislature fnrtber finds and declares tbat it isessential to the healtb and well-being of all citizens of tbis state tbatpublic access to public natural resources be increased. It is the intentof the Legislature to increase public access to public natural resources.

66478.4. (a) No local agency shall approve eitber a tentativeor a final map of any proposed subdivision to be fronted upon a public .waterway [sic] river or stream which does not provide, or have available,reasonable pnblic access by fee or easement from a public highwayto tbat portion of the bank of tbe river or stream bordering or lyingwitbin tbe proposed subdivision.

(b) Reasonable public access shall be determined by tbe localagency in which the proposed subdivision is to be located. In makingtbe determination of what shall be reasonable access, tbe local agencyshall consider all of tbe following:

(1) That access may be by highway, foot trail, bike trail, horsetrail, or any other means of travel.

(2) The size of the subdivision.(3) The type of riverbank and tbe various appropriate recreation

al, educational, and scientific uses, including, but not limited to, swim..ming, diving, boating, fishing, water skiing, scientific collection, andteaching.

(4) The likelihood of trespass on private property and reasonablemeans of avoiding such trespasses.

(c) A public waterway [sic] river or stream for the purposes of Sections 66477.2, 66478.4, 66478.5 and 06478.6 means those waterways, riversaud streams defined in Sections 100 through 106 of the Harbors andNavigation Code, any stream declared to be a public highway for

-34-

fishing pursuant to Sections 25660 through 25662 of the GovernmentCode, the rivers listed in Section 1505 of the Fish and Game Code asspawning areas, all watenvays, rivers and streams downstream from anystate or federal sahnon or steelhead fish hatcheries.

66478.5. (a) No local agency shall approve either a teutativeor a final map of any proposed subdivision to be fronted upou a publicwaterway [sic] river or stream which does not provide for a dedication ofa public easemeut along a portion of the bank of the river or streambordering or lying withiu the proposed subdivision.

(b) The extent, width and character of the public easement shallbe reasonably defined to achieve reasonable public use of the publicwaterway [sic] river or stream consistent with pnblic safety. The reasonableness and extent of the easement shall be determined by the localagency in which the proposed subdivision is to be located. Iu makingthe determination for reasonably defining the extent, width, and cliaracter of the public easement, the local agency shall consider all of thefollowing:

(1) That the easement may be for a foot trail, bicycle trail, orhorse trail.

(2) The size of the subdivision.(3) The type of riverbank and the various appropriate recrea

tional, educational and scientific uses including, but not limited to,swimming, diving, boating, fishing, water skiing, scientific collectionand teaching.

(4) The likelihood of trespass on private property and reasonablemeaDS of avoiding such trespasses.

66478.6. Any public access route or routes and any easementalong the bank of a pnblic waterway [sic] river or stream provided by thesubdivider shall be expressly designated on the tentative or final map,and such map shall expressly designate the governmental entity towhich such route or rontes are dedicated and its acceptance of suchdedication.


66478.7. Nothing in this article shall be construed to limit anypowers or duties in connection with or affect the operation of beachesor parks in this state or to limit or decrease the authority, powers,or duties of any public agency or entity.

66478.8. Nothing in Sections 66478.1 through 66478.10 of thisarticle shall require a local agency to disapprove either a tentativeor final map solely on the basis that the reasonable public accessotherwise required by this article is not provided through or acrossthe subdivision itself, if the local agency makes a finding that snchreasonable public access is otherwise available within a reasonabledistance from the subdivision.

Any such finding shall be set forth on the face of the tentative orfinal map.


-35-

66478.9. Nothing in Section 66478.5 shall apply to the site ofelectric power generating facilities.

66478.10. Nothing in Sections 66478.1 through 66478.10 of thisarticle shall apply to industrial subdivisions.

66478.11. (a) No local agency shall approve eitber the tentativeor the final map of any subdivision fronting upon the coastline orshoreline which subdivision does not provide or have available reason~

able public access by fee or easement from public highways to landbelow tlle ordinary highwater marl, on any ocean coastline or bayshoreline within or at a reasonable distance from the subdivision.

Any public access route or routes provided by the subdivider shallhe expressly designated on the tentative or final map, and such mapshall expressly designate the governmeutal entity to which such routeor routes are dedicated.

(b) Reasouable public access, as used iu subdivision (a), shall bedetermined by the local agency in which the subdivision lies.

(c) In making tl,C determination of what shall be reasonablepublic access, the local agency shall consider:

(1) That access may be by highway, foot trail, bike trail, horsetrail, 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 limitedto, diving, sunbathing, surfing, walking, swimming, fishing, beach~

combing, taldng of shellfish and scientific exploration.(4) The likelihood of trespass on private property and reasonable

means of avoiding such trespasses.(d) Nothing in this section shall require a local agency to

disapprove either a tentative or final map solely on the basis thatthe reasonable public access otherwise required by this section is notprovided through or across the snbdivision itself, if the local agencymakes a finding that such reasonable public access is otherwise availwable within a reasonable distance from the subdivision.


(e) The provisions of tlIis section shall not apply to tl,C final mapof any subdivision the tentative map of which has been approved bya local agency prior to the effective date of this section.

(f) The provisions of this section shall not apply to the final ortentative map of any subdivision which is in compliance with theplan of any planned devclopment or any planned community whichhas been approved by a local agency prior to December 31, 1968. Theexclusion provided by this subdivision shall be in addition to theexclusion provided by subdivision (e).

(g) Nothing in this section shall be construed as requiring thesubdivider to improve any access route or routes which are primarilyfor the benefit of nonresidents of the subdivision area.

(h) Any access route or routes provided by the snbdivider pur-

-36-

suant to this section may be conveyed or transferred to any state orlocal agency by the governmental entity to which such route orroutes have been dedicated, at any future time, by mutual consentof such governmental entity and the particular state or local agency.Such conveyance or transfer shall he recorded by the rccipient stateor local agency in the office of the county recorder of the county inwhich such route or routes are located.


66478.12. (a) No local agency shall approve either the tcntativeor the final map of any subdivision fronting upon any lake or res~

ervoir 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 toany water of the lake or reservoir upon which the subdivision borderseither within the subdivision or a reasonable distance from the sub~

division.Any public access route or routes provided by the subdivider

shall be cxpressly designated on the tentative or final map, and suchmap shall cxpressly designate the governmental cntity to which suchroute or routes are dedicated and its acceptance of such dedication.

(b) Reasonable access, as used in subdivision (a), shall bcdetermined by the local agency in which thc subdivision lics.

(c) In making thc detcrmination of what shall be rcasonableaccess, the local agency shall consider:

(1) That access may bc by highway, foot trail, bikc trail, horsetrail, or any other means of travel.

(2) Thc size of thc subdivision.(3) Thc typc of shorelinc and the various appropriatc recrca

tional, educational, and scientific uses, including, but not limited to,swimming, diving, boating, fishing, water skiing, scientific exploration,and teaching.

(4) The likelihood of trcspass on private property and reasonablemeans of avoiding such trespasses.

(d) Nothing in this section shall requirc a local agency to disapprove either a tentative or final map solely on the basis that thereasonable access otherwise required by this section is not providedthrough or across the subdivision itself, if the local agency makesa finding that such reasonable access is otherwise available within areasonable distance from the subdivision.


(c) The provisions of this section shall not apply to the final mapof any suhdivision the tentative map of which has been approved bya 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 orlocal agency by the governmental entity to which such route or routeshave been dedicated, at any future time, by mutual consent of suchgovernmental entity and the particular state or local agency. Snch eon-

-37-

veyance or transfer shall be recorded by the recipient state or localagency in the office of the county recorder of the county in whichsuch route or routes arc located.

[Amended, Cbapter 24, Statutes of 1975]

66478.13. No local agency shall issue any permit or grant anyapproval necessary to develop any real property which is excludedfrom regulation under this division as a subdivision pursuant to sub~

division (d) of Section 66426 because such property is in excess of40 acres and was created as such a parcel after December 31, 1969,when' such property fronts on the coastline or a shoreline, unless itfinds that reasonable public access has been provided from publichighways to land below the ordinary high-water mark or any oceancoastline 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 tile real property lies. In makingsuch determination the local agency shall use the same criteria asthose set forth in subdivisions (c) and (d) of Section 66478.11 andsubdivisions (c) and (d) of Section 66478.12.

66478.14. Nothing in this article shall be construed as requiringthe subdivider to improve any route or foutes which are primarilyfor the benefit of nonresidents of the subdivision area or nonownersof the real property in question.

ARTICLE 4. RESERVATIONS66479. 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, subwject to the following conditions:

(a) The requirement is based upon an adopted specific plan oran adopted general plan containing a community facilities element, arecreation and parks element, or a public building element, and therequired reservations are in accordance with definite principles andstandards contained therein.

(b) The ordinance has been in effect for a period of at least 30days prior to the filiug of the tentative map.

(c) The reserved area is of such size and shape as to permit thebalance of the property within which the reservation is located todevelop in an orderly and efficient manner.

(d) The amount of land reserved will not make development ofthe remaining land held by the subdivider economically uufeasible.

The reserved area shall conform to the adopted specific or generalplan and shall be in such multiples of streets and parcels as to permitan efficient division of the reserved area in the event that it is notacquired within the prescribed period; in such event, the subdividershall make those changes as are necessary to permit the reserved areato be delevoped for tbe intended purpose consistent with good subdividing practices.

-38-

66480. The public agency for whose benefit an area has beenreserved shall at the time of approval of tlte final map or parcel mapentcr into a binding agreement to acquire such reserved area withintwo years after the completion and acceptance of all improvements,unless such period of time is extended by mutual agreement. The pur~

cltase price shall be the market value thereof at the time of the filingof the tentative map plus the taxes against such reserved area fromthe date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interestcosts incurred on any loan covering such reserved area.

66481. If the public agency for wltose benefit an area Itas beenreserved does not cntcr into such a binding agreement, the reservationof such area shall automatically terminate.

66482. The autltority granted by tltis article is additional to allother authority granted by law to local agencies relating to snb.divisions and shall in no way be construed as a limitation on or diminution of any such authority.

ARTICLE 5. FEES66483. Tltere may be imposed by local ordinance a requirement

for tlte payment of fees for purposes of defraying tlte actual or esti·mated costs of constructing- planned drainage facilities for the few

maval of surface and stOIDl waters from local or neighborhood drainwage areas and of constructing planned sanitary sewer facilities forlocal sanitary sewer areas, subject to the following conditions:

(a) Tlte ordinance has been in effect for a period of at least 30days prior to the fIling of tlte tentative map or parcel map if no ten·tative map is required.

(b) The ordinance refers to a drainage or sanitary sewer planadopted for a particular drainage or sanitary sewer area which CODw

tains an estimate of the total costs of constructing the local drainageor sanitary sewer facilities required by the plan, and a map of sucharea showing its boundaries and the location of such. facilities.

(c) Tlte drainage or sanitary sewer plan, in tlte case of a citysituated in a county having a countywide general drainage or sanitarysewer plan, Itas been determined by resolution of the legislative bodyof the county to be in conformity with such a county plan; or in thecase of a city situated in a county not having such a plan but in adistrict having such a plan, Itas been determined by resolution of tltelegislative body of tlte district to be in conformity with the district general plan; or in the case of a city situated in a county having such a planand in a district having such a plan, has been determined by resoluwtion of the legislative body of the county to be in confonnity witltsuch a plan and by resolution of the legislative body of tlte districtto be in confonnity with the district general plan.

(d) Tlte costs, whether actual or estimated, are based upon find·ings by the legislative body wltich has adopted the local plan, tltatsubdivision and development of property within the planned local

-39-

drainage area or local sanitary sewer area win require construction ofthe facilities described in the drainage or sewer plan, and that thefees are fairly apportioned within such areas either on the basis ofbenefits conferred on property proposed for subdivision or on theneed for such facilities created by the proposed subdivision and devel~

opment of other property within such areas.(e) The fee as to any property proposed for suhdivision within

such a local area docs not exceed the pro rata share of the amountof the total actual or estimated costs of all facilities within such areawhich would be assessable on such property if such costs were appor~

tioned uniformly on a perMacre basis.(f) The drainage or sanitary sewer facilities planned are in ad~

dition to existing facilities serving the area at the time of the adoptionof such a plan for the area.

Sueh fees shall be paid to the local public agencies which providedrainage or sanitary sewer facilities, and shall be deposited by suchagencies into a "planned local drainage facilities fund" and a "plannedlocal sanitary sewer fund," respectively. Separate funds shall be estabMlished for each local drainage and sanitary sewer area. Moneys insuch funds shaU be expended solely for the construction or reimburse~

ment for construction of local drainage or sanitary sewer facilitieswithin the area from which the fees comprising the fund were col~

lected, or to reimburse the local agency for the cost of engineeringand administrative services to form the district and design and can..struct the facilities. The local ordinance may provide for the ac..ceptance of considerations in lieu of the payment of fees.

A loeal ageney imposing or requesting the imposition of, feespursuant to this section, including the agencies providing the faci1~

ities, may advance money from its general fund to pay tIle costsof constructing such facilities within a local drainage or sanitary sewerarea and reimburse the general fund for such advances from the planned local drainage or sanitary sewer facilities fund for tIle local drain~

age or sanitary sewer area in which the drainage or sanitary sewerfacilities were constructed.

A local agency receiving fees pursuant to this section may incur anindebtedness for the construction of drainage or sanitary sewer facilMities within a local drainage or sanitary sewer area; provided that thesole security for repayment of such indebtedness shall be moneys in theplanned local drainage or sanitary sewer facilities fund.


66483.1. After eompletion of the facilities and the payment ofaU claims from any "planned local drainage facilities fund" or any"planned local sanitary sewer fund," the legislative body of a countyor city shall determine by resolution the amount of the surplus, if any,remaining in any of such funds. Any such surplus shall he used, insuch amounts as the legislative body may determine, for one or moreof the following purposes:

(a) For transfer to the general fund of the eounty or eity, provided that the amount of such transfer shall not exceed 5 percent ofthe total amount expended from the particular fund;

-40-

(b) For the construction of additional or modified facilities withinthe particular drainage or sanitary sewer area; or

(c) As a refund in the manner provided in Section 66483.2.[Added, Chapter 365, Statutes of 1975]

66483.2. Any surplus remaining shall be refunded as follows:(a) There shall be refunded to the current owners of property for

which a fec was previously collected, the balance of such moneys inthe same proportion which each individual fec collected bears to thetotal of all individual fees collected from the particular drainage orsewer area;

(b) Where property for which a fee was previously collected hassubsequently been subdivided into more than one lot, each currentowner of a lot shall share in the refund payable to the owners of theproperty for which a fce was previously collected in the same proportionwhich the area of each individual lot bears to the total area of theproperty for which a fee was previously collected; and

(c) There shall be transferred to the general fund of the countyor city any remaining portion of the SUl'plus which has not been paidto or claimed by the persons entitled thereto within two years fromthe date either of the completion of the improvements, or the adoptionby the legislative hody of a resolution declaring a surplus, whicheveris latcr to occur.


66484. A local ordinance may require the payment of a fee as acondition of approval of a final map or as a condition of issuing abuilding permit for purposes of defraying the actual or estimated costof constructing bridges over waterways, railways, freeways, and canyons,or constructing major thoroughfares.

Such local ordinance may require payment of fees pursuant tothis section if:

(a) The ordinance refers to the circulation element of the generalplan and, in the case of bridges, to the transportation or Hood controlprovisions thereof which identify railways, freeways, streams or can..yons for which bridge crossings are required on general plan or localroads and in the case of major thoroughfares, to the provisions ofsuch circulation clement which identify those major thoroughfareswhose primary purpose is to carry through traffic and provide anetwork connecting to the state highway system; provided, such circulation clement, transportation or flood control provisions have beenadopted by the local agency 30 days prior to the filing of a map orapplication for a building permit.

(b) The ordinance provides that there will be a pnblic hearingheld by the governing body for each area benefited. Notice shall begiven pursuant to Section 65905 of the Government Code. In addition to the requirements of Section 65905 of the Government Code,such notice shall contain preliminary infonnation related to the boundaries of the area of benefit, estimated cost and the method of fee ap..portionment. The area of benefit may include land or improvementsin addition to the land or improvements which are the subject of anymap or building permit application considered at such proceedings.

-41-

(c) TIle ordinance provides that at snch pnblic hearing, theboundaries of the area of benefit, the costs, whether actual orestimated, and a fair method of allocation of costs to the area ofbenefit and fee apportionment are established. The method of feeapportionment, in the case of major thoroughfares, shall not providefor higher fees on land which abuts the proposed improvement exceptwhere the abutting property is provided direct usable access to themajor thoroughfare. A description of the boundaries of the area ofbenefit, the costs, whether actual or estimated, and the method offee apportionment established at tl,e hearing shall be incorporatedin a resolution of the governing body, a certified copy of whichshall be recorded by the governing body conducting the hearing withthe recorder of the county in which the area of benefit is located.Such apportioned fees shall be applicable to all property within thearea of benefit and shall be payable as a condition of approval of afinal map or as a condition of issuing a building permit for such prop~

erty or portions thereof. Where the area of benefit includes landsnot subject to the payment of fees pursuant to tltis section, the govem~

ing agency shall make provision for payment of the share of improvement costs apportioned to such lands from other sources.

(d) The ordinance provides that payment of fees shall not berequired unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area atthe time of the adoption of the boundaries of the area of benefit.

(e) The ordinance provides that payment of fees shall not berequired unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving thearea at the time of the adoption of the boundaries of the area ofbenefit. Such fees shall not be expended to reimburse the cost of .existing bridge facility constroction.

(f) The ordinance provides that if, within the time when protestsmay be filed uncler the provisions of such ordinance, there is a writtenprotest, filed with the clerk of the legislative body, by the ownersof more than one-half of the area of the property to be benefitedby tlle improvement, and sufficient protests are not withdrawn soas to reduce the area represented to less than one-half of that tobe benefited, then the proposed proceedings shall be abandoned, andthe legislative body shall not, for one year from tl,e filing of thatwritten protest, commence or carryon any proceedings for the sameimprovement or acquisition under the provisions of this section.

Nothing in tltis section shall preclude tl,e processing and recordation of maps in accordance with other provisions of tllis division ifproceedings are abandoned.

Any protests may be withdrawn by the owner making tl,e same,in writing, at any time prior to the conclusion of a public hearing heldpursuant to the ordinance.

If any majority protest is directed against only a portion of theimprovement then all further proceedings under the provisions ofthis section to construct that portion of the improvement so protested against sltall be barred for a period of one year, but thelegislative body shall not be barred from commencing new pro-

-42-

ceedings not including any part of the improvement or acqui~

sition so protested against. Nothing in this section shall prohibitthe legislative body, within such one~year period, from commencingand carrying on new proceedings for the construction of a portion ~fthe improvement so protested against if it finds, by the affirmativevote of fourwfi.fths of its members, that the owners of more thanone-half of the area of the property to he henefited are in favor ofgoing forward with such portion of the improvement or acquisition.

Fees paid pursuant to an ordinance adopted pursuant to thissection shall he deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facilityproject or each planned major thoroughfare project. If the benefitarea is one in which more than one bridge is required to be con~

structed, a fund may be so established covering all of the bridgeprojects in the benefit area. Moneys in such fund shall be expendedsolely for the construction or reimbursement for construction of theimprovement serving the area to be benefited and from which thefees comprising the fund were coIIected, or to reimburse the localagency for the cost of constructing the improvement.

An ordinance adopted pursuant to this section may provide for theacceptance of considerations in lieu of thc payment of fees.

A local agency imposing fees pursuant to this section may advancemoney from its general fund or road fund to pay the cost of canstructinp: the improvements and may reimburse the general fund orroad fund for such advances from planned bridge facility or majorthoroughfares funds established to finance the construction of suellimprovements. 11

A local agency imposing fees pursuant to this section may incuran interest-bearing indebtedness for the construction of bridge facilitiesor major thoroughfares; provided that the sale security for repaymentof such indebteduess shall be moncys in planned bridge facility ormajor thoroughfares funds.

The teon "construction" as used in this section includes design,acquisition of rightwofwway, administration of construction contractsand actual construction.

Nothing in this section shall be construed to preclude a county orcity from providing funds for the construction of bridge facilities ormajor thoroughfares to defray costs not allocated to the area ofbenefit.


66484.5. As used in this section, "local agency" means local agencyas defined in Section 66420. As used in this sectiOill, "water agency"means the public entity or other entity which wiII furnish water forthe operation and use of a recharge facility under a ground waterrecharge facility plan adopted by a local agency as provided in thissection.

The legislative body of a local agCll1cy may adopt an ordinancerequiring the payment of a fee as a condition of approval of a subdivision requiring a final or parcel map, or as a condition of issuinga building pennit in an area of benefit under a ground water recharge

-43-

facility plan adopted as hereinafter provided, for dle purpose of constructing recharge facilities for the replenishment of the undergroundwater supply in SUeil area of benefit.

Such local ordinance may require payment of fees pursuant tothis section if, at the time of payment:

(a) A ground water recharge facility plan for dIe area to bebencfited has becn adopted by dIe legislative body of the local agency.Thc legislative body of such local agency shall not adopt snch planuntil it has given notice to and consulted with the water agency thenobligated to furnish water to the area to be benefited and such wateragency ha' fonnaIly and in writing approvcd such plan.

(b) Thc ordinance bas been in effect for a period of at least 30days prior to the filing of the tentative map, parcel map if no tentativemap is required, or the application for a building permit.

(c) Thc ordinance provides that before any ground water recharge facility plan is adopted dlcrc will be a public hearing held bythc legislative body for tbe proposed area of benefit.

Notice of thc hearing on a proposed area of benefit shaIl be givenby mailed notice to each owner of land within the proposed area, withpostage prepaid using addresses from the last equalized assessmentroH, or alternatively, from such other records of the assessor or thetax collector as contain more recent addresses. Alternatively, noticemay be given by both publication at least 10 calcndar days beforethe hearing in a newspaper of general circulation, published and circu~

latcd within thc proposed arca of benefit, and by posting such noticein conspicuous places within the proposed area.

Such notice shall contain preliminary infonnation,concerning suchground water recharge facility plalIl, including the proposed boundaries.of the area of benefit, the availability of surface water, the planned faciI~

ities for the area of benefit, estimated costs, and the proposed methodof fee apportionment.

Written noticc of such public hearing shall be given by personalservice or mail to the water agency responsible for furnishing waterto the area of benefit involved in such hearing prior to or at the timenotice is given by mail or by publication and posting. Thc proposalcontained in such mailed, published, or posted notice shall be jointlyprepared and agrecd upon by thc local agency and such water agencybefore such notice is given. Such water agency shall be entided toparticipate in such ]learings.

(d) The ordinance provides that the ground water recharge facility plan shall be established at SUeil public hearing and, if approved,adopted by the legislative body. Suell plan shall inelude the boundariesof the arca of benefit, die availability of surface water, die plannedfacilitics for the area of benefit and the cstimatcd cost thereof, a fairmethod of allocating the costs within die area of benefit, and the apportionment of fees within such area. The plan as so adopted by thelocal agency and approved by dIe water agcncy shall be incorporatedin a resolution of the legislative body and a certified copy thereof shallbc rccordcd with the county recordcr. Such apportioned fees shallbe applicable to all property widlin the area of benefit and shall be

-44-

payable as a eondition of approval of a final map or a parcel map oras a condition of issuing a building permit for such property or portions thereof. Where tbe area of henefit includes lands not otherwisesubject to the payment of fees pursuant to this section, the legislativebody shall make provision for payment of the share of improvementcosts apportioned to such land by other means.

(e) The ordinance provides that if, within the time when protests may be filed under the provisions of such ordinance, there is awritten protest, filed with the clerk of the legislative body, by theowners of more than one-half of the area of the property to bebenefited by the improvement, and sufficient protests arc lIlot withdrawn so as to reduce the area represented to less than one-half ofthe property to be henefited, then the proposed proceedings shall beabandoned, and the legislative body shall not, for one year from thefilii11g of that written protest, commence or carry on any proceedingsfor the same improvement or acquisition under the provisions of thissection.

Any protests may be withdrawn in writing by the owner whomade the protest, at any time prior to the conclusion of a public hearing held pursuant to the ordinall1ce.

If any majority protest is directed against only a portion of theimprovement, then all further proceedings under the provisions of thissection as to that same portion of the improvement so protested againstshall be barred for a period of ome year. The legislative body, however,may commence new proceedings which do not include the area, acquisitions or improvements which were the subject of the successfulprotest. Nothing in this section shall prohibit the legislative body,within such one-year period, from commencing and carrying on newproceedings for that portion of the improvement so protested againstif it finds, by the affirmative vote of four-fifths of its members, thatthe owners of more than one-half of the area of the property to bebenefited are in favor of going fonvard with such portion of tlle imwprovement or aequisition. Nothing in this section shall preclude theprocessing and recordation of maps in accordance with other provisionsof this division if proceedings are abandoned.

Subsequent to the adoption of a plan, the loeal ageney may itselfconstruct, operate, and maintain such ground water recharge facilities,or it may designate the water agency furnishing the water or desiglIlate or create another agency to do all or anyone of these thingsas authorized by law. In the event any agency other than the localagency adopting such ordinances is so designated, the services so renw

dered shall be pursuant to a written agreement entered into betweenthe local agency and sueh other ageney.

Fees paid pursuant to an ordinance adopted pursuant to this secw

tion shall be deposited in a planned reeharge facility fund. A fundshall be established for each area of benefit. Moneys in sueh fundshall be expended solely for the construction or reimbursement forconstruction of the improvemenf serving the area to be benefited.

Sueh fees shalllllot be expended to reimburse the eost of reehargefacilities in existence prior to the adoption of the grGUnd water recharge facility plan for that area.

-45-

An ordinance adopted pursuant to this section may provide forthe acceptance of considerations in lieu of the payment of fees.

A local agency imposing fees pursuant to this section may advancemoney from its general fund to pay the cost of constructing the im~

provements and may reimburse the general fund for such advancesfrom planned recharge facility funds collected to finance the con_struction of such improvements.

A local agency imposing fees pursuant to this section may incur aninterest~bearing indebtedness for the construction of recharge facilitiesprovided that the sole security for repayment of snch indebtedness shallbe moneys in planned recharge facility funds.

Recharge facilities shall not be constructed uuless the water agencyapproves the design of the facilities to he cOillstructed and has reachedan agreement with the local agency establishing the tenus and conditions under which the water will he furnished. If the water agencyfinds that the facilities have heen constructed in accordance with theapproved desigm, the agency shall furnish water for such ground waterrecharge facilities.

If snch water agency is an irrigation district or other entity obligated by law to apportion water among the landowners within thearea of benefit, such water agency shall receive credit upon such obligation for any water delivered for ground water recharge under suchagreement and shall be relieved of any further obligation to deliverthe amount of water for which it has received such credit to the landowners or lands within such area.

Nothing contained in this section shall entitle a local agency tocollect a fee from a landowner who presently receives and continues toreceive and use the landowner's pro rata share of surface water from the .agency responsible for that area or from a landowner who has notapplied for approval of a final or parcel map or a building permit.

A credit for fees paid as authorized by this section shall be appliedagainst any assessment levied by the local agency to construct suchplanned, recharge facilities.

The tenn "construction," as used in this section, includes design,acquisition of land or easements, administration of contruction cootracts, and actual construction.

Nothing in this section shall be construed to preclude a county orcity from providing fumds for the construction of recharge facilities todefray costs not allocated to the area of benefit.


ARTICLE 6. REIMBURSEMENT66485. There may be imposed by local ordinance a requirement

that improvements installed by the subdivider for the benefit of thesubdivision shall contain supplemental size, capacity or number forthe benefit of property not within the subdivision, and that suchimprovements be dedicated to the public.

66486. In the event of the installation of improvements required

-46-

by an ordinance adopted pursuant to Section 66485, the local agencyshall entcr into an agreement with the subdivider to reimburse thesnbdividcr for that portion of the cost of such improvements equalto the difference between the amount it wonld have cost the subdivider to install such improvements to serve the subdivision onlyand the actual cost of such improvements.

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, usingsuch improvements for the benefit of real property not within thesubdivision, a reasonable charge for such use.

(b) Contribute to the subdivider that part of the cost of theimprovements that is attributable to the benefit of real property outside the subdivision and levy a charge npon tile real property benefitedto reimburse itself for such cost, together with interest thereon, if any,paid to the subdivider.

(c) Establish and maintain local benefit districts for tile levy andcollection of such charge or costs from the property benefited.

66488. Any local agency within a local drainage or sanitarysewer area may adopt tbe plan and map designated in Section 66483and impose a reasonable charge on property within the area which,in the opinion of the legislative body, is benefited by such drainage orsanitary sewer falicities. The charge collected must be paid to thelocal agency or subdivider constructing such drainage or sanitarysewer facilities, and any local agency within the drainage or sanitarysewer area may entcr into a reimbursement agreement with the subMdivider.

66489. Any local agency may establish an area of benefit pursuantto Section 66484 and may impose a reasonable charge on propertywithin tile area which in the opinion of the legislative body, is benefited by the construction of tile bridge or major tlJOroughfare. Thecharge collected shall be paid to tile local agency or subdivider con·structing the bridge, and any local agency having jurisdiction overany property which, in the opinion of the legislative body, is benefited by the construction of the bridge or major thoroughfare mayenter into a reimbursement agreement with the subdivider.

ARTICLE 7. SOILS REPORT66490. A preliminary soils report, prepared by a civil engineer

registered in this state, and based upon adequate test borings, shallbe required for every subdivision for which a final map is requiredby tbis division and may be required by local ordinance for othersubdivisions.

66491. With respect to such soils report, a local ordinance mayprovide that:

(a) The preliminary soils report may be waived if the localagency sball determine that, due to the knowledge it has as to the

-47-

soils qualities of the soils of the subdivision, no preliminary anaylsisis necessary.

(b) If the preliminary soils report indicates the presence of critical.Iy expansive soils or other soils problems which, if not corrected,would lead to structural defects, a soils investigation of each lot inthe subdivision may be required.

Such soils investigation shall be done by a civil engineer registeredin this state, who shall recommend the corrective action which is likelyto prevent structural damage to each structure proposed to be con~

structed in the area where such soils problem exists.The local agency may approve the subdivision or portion thereof

where such soils problems exist if it detelmines that the recommendedaction is likely to prevent structural damage to each structure to beconstructed, and as a condition to the issuance of any building per~

mit may require that the approved recommended action be incorporatedin the construction of each structure.

ARTICLE 8. TAXES AND ASSESSMENTS66492. Prior to the filing of the final map with the legislative

body, the subdivider shall file with the clerk of the board of supervisors of the county in which any part of the subdivision is located, acertificate from the official computing redemptions in any public agencyin which any part of the subdivision is located, showing that, accord~

ing to the records of such office, there are no liens against the subdivisionor any part thereof for unpaid, state, county, municipal or local taxesor special assessments collected as taxes, except taxes or special asseSsments not yet payable.

As to taxes or special assessments collected as taxes which are alien but not yet payable, the subdivider shall file with such clerk ofthe board of supervisors a certificate by each proper officer giving hisestimate of the amount of taxes and assessments which are a lien butnot yet payable.

66493. (a) Whenever any part of the .subdivision is subject toa lien for taxes or special assessments collected as taxes which are notyet payable, the final map shall not be recorded until the owner orsubdivider executes and files with the clerk of the board of supervisors of the county wherein any part of the subdivision is located,security conditioned upon the payment of all state, county, municipaland local taxes and the current installment of principal and interestof all special assessments collected as taxes, which at the time thefinal map is recorded are a lien against the property, but which arenot yet payable.

(b) If the land being subdivided is a portion of a larger parcelshown on the last preceding tax roll as a unit, the security for pay~

ment of taxes need be only for such sum as may be determined bythe county to be sufficient to pay the current and delinquent taxes onthe land being subdivided, together with all aeeured penalties and costsif such taxes have been or are allowed to become delinquent. Thecounty shall also order the creation of new assessor's parcel numbers

-48-

pursuant to Section 2823 of the Revenue and Taxation Code. Separate assessor's parcel numbers shall be given to the portion of thelarger parcel which is not within the proposed subdivision and to theparcel or parcels which are within the proposed subdivision.

If the land being subdivided is sold for taxes, it may be redeemedfor such sale without the redemption of the remainder of the largerparcel of which it is a part pursuant to the provisions of the Revenueand Taxation Code as if it were held in ownership separate from andother than the ownership of the remainder.

(c) Whenever land subject to a special assessmeut or bond whichmay be paid in full is divided by the line of a lot or parcel of the subdivision, such assessment or bond shall be paid in full, or security filedwith the cIeri" of the board of supervisors, payable to the county astrustee for the assessment bondholders for the payment of such specialassessment or bond. This section shall not apply to bonds issued underthe provisions of the Improvement Bond Act of 1915.

66494. (a) If the taxes or special assessments are allowed tobecome delinquent, the county shall recover from the security thepriucipal sum of the security without proof of loss. The couuty shaJJapply the sum received in payment of any or all of such taxes orspecial assessments, including penalties and costs, if any, accruingthereto, to the proper state, county, municipal or district officers, forthe satisfaction of the tax and special assessment liens and shall paythe balance, if any, over to the surety or depositor.

(b) If the taxes or special assessments are allowed to become delinquent and the security consists of a deposit of money, negotiablebond or instrument of credit, the clerk, subject to any rwes of theboard of supervisors with respect thereto, shall apply the proceedsthereof to the payment of such taxes and special assessments, including peualties and costs. Any excess proceeds shall be deposited in thecounty treasury for the beuefit of the persons entitled thereto.

ARTICLE 9. MONUMENTS66495. At the time of making the survey for the final map or par

cel map unless ti,e survey is not required pursuant to Section 66448, theengineer or surveyor shall set sufficient durable monuments to conformwith the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. He sbaJJ also set such additional monuments as maybe required by local ordinance. The local agency shall require thatat least one exterior bouudary line of the land being subdivided beadequately monumented or referenced before the map is recorded.


66496. Interior monuments need not be set at the time the mapis recorded, if the engineer or surveyor certifies on the map that themonuments will be set on or before a specified later date, and if thesubdivider furnishes to the legislative body security guaranteeing thepayment of the cost of setting such monuments.

-49-

66497. Within five days after the final setting of all monumentshas been completed by the engineer or surveyor, he shall give writtennotice to the subdivider, and to the city engineer or the county surveyor or such other public official or employee authorized to receivesuch notices, that the final monuments have been set.

Upon payment to the engineer or surveyor for setting the finalmonuments, the subdivider shall present to the legislative body evidence of such payment and receipt thereof by the engineer or surveyor. In the case of a casl, deposit, the legislative body may pay theengineer or surveyor for the setting of the final monuments from saidcash deposit, if so requested by the depositor.

If the subdivider does not present evidence to the legislative bodythat he has paid the engineer or surveyor for the setting of the finalmonuments, and if the engineer or surveyor notifies the legislative bodythat he has not been paid by the subdivider for the setting of the finalmonuments, the legislative body may, within three months from thedate of said notification, pay to tlle engineer or surveyor from anydeposit the amount due.

66498. In the event of the death, disability or retirement frompractice of the engineer or surveyor charged with the responsibilityfor setting monuments, or in the event of his refusal to set such monu..ments, the legislative body may direct the county snrveyor or city engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another,the fanner may, by letter to the county surveyor or city engineer,release his obligation to set the final monuments to the surveyor Or en~

gineer who replaced him. When the monumeuts are so set, tbe substitute engineer or surveyor shall amend any map filed pursuant tothis division in accordance with the provisions of Sections 66469 to.66472, inclusive. All provisions of this article relating to payment shallapply to the services performed by the substituted engineer or surveyor.


CHAPTER 5. IMPROVEMENT SECURITY66499. (a) Wheuever this division or a local ordinance authorizes

or requires the furnishing of security in connection with the perform~

ance of any act or agreement, such security shall be one of the following at the option of and subject to the approval of the local agency:

(1) Bond or bonds by one or more duly anthorized corporatesureties.

(2) A deposit, either with the local agency or responsible escrowagent or trust company, at the option of the local agency, of money ornegotiable bouds of the kind approved for securing deposits of publicmoneys.

(3) An instrument of credit from one or more financial institutionssubject to regnlation by the state or federal governmeut aud pledgingthat the funds necessary to carry out the act or agreement are ondeposit and guaranteed for payment.

-50-

(4) A lien upon ti,e property to be divided, created by contractbetween the owner and ti,e local agency, if the local agency finds thatit would not be in the public interest to require the installation of therequired improvement sooner than two years after the recordationof the map.

(5) Any form of security, iucluding security interests in real prop·erty, which is acceptable to the local agency and specified by ordinancethereof.

(b) Any written contract or security interest in real propertyentered into as secruity for performance pursuant to subdivision (a)shall be recorded with the county recorder of the county iu whichthe subject real property is located. From ti,e time of recordation ofthe written contract or document creating a security interest, a lienshiUl attacll to the real property particularly described therein andshall have the priority of a judgment lien in an amount necessary tocomplete the agreed to improvements. The recorded contract or security document shall be indexed in ti,e Grantor Index to the namesof all record owners of ti,e real property as specified on ti,e map andin the Grantee Index to the local agency approving the map.

The local agency may at any time release all or any portion ofthe property subject to any lien or security interest created by thissubdivision or subordinate the lien or security interest to other liensor encumbrances if it determines that security for performance issufficientiy secured by a lien on other property or that ti,e release orsubordination of the lien will uot jeopardize the completion of agreedupon improvements.


66499.1. A bond or bonds by one or more duly authorized cor·porate sureties to secure the faithful performance of any agreementshall be in substantially the following form:

Whereas, The Board of Supervisors of the County of .(or ti,e City Council of the City of ), State of California, and........................ (hereinafter designated as "principal") have entered intoan agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated........................, 19. , and indentified as project , is herebyreferred to and made a part hereof; and

Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and .. ...., as surety, areheld and finnly bound unto the County of , (or City of )hereinafter called (" "), in the penal sum of dollars($ ) lawful money of the United States, for the payment ofwhich sum well and truly to be made, we bind ourselves, our heirs,successors, executors and administrators, jointly and severally, firmlyby these presents.

The condition of this obligation is such that if the above boundedprincipal, llis or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly

-51-

keep and perfonn the covenants, conditions and provisions in the saidagreement and any alteration thereof made as therein provided, onhis or their part, to be kept and performed at the time and in themanner therein specified, and in all respects according to their trueintent and meaning, and shall indemnify and save harmless... . ....,its officers, agents and employees, as therein stipulated, then tIus obli~

gation shall become null and void; otherwise it shall be and remainin full force and effect.

As a part of the obligation secured hereby and in additiou to theface amount specified therefor, there shall be included costs and reason~

able expenses and fees, including reasonable attorney's fees, incurred bycouuty (or city) in successfully enforcing such obligation, all to be taxedas costs and included in any judgement rendered.

The surety hereby stipulates and agrees that no change, extensionof time, alteration or addition to the tenns of the agreement or to thework to be perfonned thereunder or the specifications accompanyingthe same shall in anywise affect its obligations on this bond, and it doeshereby waive notice of any such change, extension of time, alterationor addition to the terms of the agreement or to -the work or to thespecifications.

In witness whereof, this iustrument has been duly executed by theprincipal and surety above named, on . _, 19 .

Appropriate modifications shall be made in such form if the bondis being furnished for the performance of an act not provided for byagreement.

66499.2. A bond or bonds by oue or more duly authorized corporate sureties for the security of laborers and materialmen shall hein substantially the following form:

Whereas, The Board of Supervisors of the County of (orCity Council of the City of . .. ......... ), State of California, and

(hereinafter designated as "principal") have entered intoan agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated......................., 19 , and ideutified as projecL , is herebyreferred to and made a part hereof; and

Whereas, Under the tenns of said agreement, principal is required before entering upon the performance of the work, to file a goodand sufficient payment bond with the County of (or the City of

......... ) to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of the CivilCode of the State of California.

Now, therefore, said principal and the undersigned as corporatesurety, arc held firmly bound unto the Couuty of (or theCity of ... ) and all contractors, subcontractors, laborers, material~

men and other persons employed in the performance of the aforesaidagreement and referred to in the aforesaid Code of Civil Procedurein the sum of dollars ($ ), for materials furnished or laborthereon of any kind, or for amounts due under the UnemploymentInsurance Act with respect to such work or labor, that said surety will

-52-

pay the same in an amount not exceeding the amount hereinabove setforth, and also in case suit is brought upon this bond, will pay, inaddition to the face amount thereof, costs and reasonable expenses andfees, including reasonable attorney's fees, incurred by county (or city)in successfully enforcing such obligation, to be awarded and fixed bythe court, aud to be taxed as costs and to he included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shallinure to the benefit of any and all persons, companies and corpora..tions entitled to file claims under Title 15 (commencing with Section3082) of Part 4 of Division 3 of the Civil Code, so as to give a rightof action to tllem or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then thisobligation shall become null and void, othenvise it shall be and re~

main in full force and effect.The surety hereby stipulates and agrees that no change, extension

of time, alteration or addition to the terms of said agreement or thespecifications accompanying the same shall in any manner affect itsobligations On this bond, and it does hereby waive notice of any suchchange, extension, alteration or aclqition.

In witness whereof, this instrument has been duly executed by theprincipal and surety above narned, on , , 19 .

66499.3. Security to guarantee the performance of any act oragreement shall be in the following amounts:

(a) An amount determined by the legislative body, not less than50 percent nor more than 100 percent of the total estimated cost ofthe improvement or of the act to be performed, conditioned uponthe faithful performance of the act or agreement; and

(b) An additional amount determined by the legislative body, notless titan 50 percent nor more than 100 percent of the total estimatedcost of the improvement or the perfonnance of the required act, securin~ payment to the contractor, his subcontractors and to personsfurnishing labor, materials or equipment to them for the improvement orthe performance of the required act.

(c) An amount determined by the legislative hody necessary forthe guarantee and warranty of the work for a period of one yearfollowing the completion and acceptance thereof against any defectivework or labor done, or defective materials furnished.

66499.4. As a part of the obligation guaranteed by the secnrityand in addition to the face amount of ti,e security, there shall be included costs and reasonable expenses and fees, including reasonableattorneys' fees, incurred by the local agency in successfully enforcingthe obligation secured.

66499.5. If the required subdivision improvements are financedand installed pursuant to special assessment proceedings, the local agencyat its option may provide by local ordinance that, upon the furnishingby the contractor of the faitllful performance and labor and materialbonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount cor~

responding to the amount of such bonds so furnished by the contractor.

-53-

66499.6. Such moucy, uegotiable boud or instrument of creditshall be a trust fund to guarantee performance and shall not be sub·ject to levy or attaclunent by any creditors of the depositor until theobligation secured thereby is performed to the satisfaction of the localagency.

66499.7. The security furnished by the subdivider may be reoleased in whole or in part in the following manner:

(a) Security given for faithful performance of any act or agree·ment may be released upon the performance of the act or final com·pletion and acceptance of the required work or the legislative bodymay provide for the partial release of the security upon the partialperformance of the act or the acceptance of the work as it progresses,under rules established by the legislative body.

(b) Security securing the payment to the contractor, his sub·contractors and to persons furnishing lahor, materials or equipmentmay, six months after the performance of the act or the completionand acceptance of the work, be reduced to an amount not less thanthe total of all claims on which an action Ims been filed and noticethereof given in writing to the legislative body, and if no such actionshave been filed, the security may be released in full.

Such release shall not apply to any required guarantee and war·ranty period nor to the amount of the security deemed necessary bythe local agency for such guarantee and warranty period nor to costsand reasonable expenses and fees, including reasonable attorneys' fees.

The legislative body may authorize any of its public officers oremployees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accord..anee with such rules as it may prescribe.

66499.8. In all cases where the performance of the obligation forwhich the security is required is subject to the approval of anotheragency, the local agency shall not release the security until the obli.gation is performed to the satisfaction of such other agency. Suchagency shall have two months after completion of the performance ofthe obligation to register its satisfaction or dissatisfaction. If at theend of that period it has not registered its satisfaction or dissatisfac·tion, it shall be conclusivcly deemed that the performance of theobligation was done to its satisfaction.

66499.9. Auy liability upon the security given for the faithful per·formance of any act or agreement shall be limited to:

(a) The performance of the work covered by the agreement be.tween the subdivider and the legislative body or the performance ofthe required act.

(b) The performance of any changes or alterations in such work;provided, that all such changes or alterations do not exceed 10 per·cent of the original estimated cost of the improvement.

(c) The guarantee and warranty of the work, for a period of oneyear following completion and acceptance thereof, against any defec·tive work or labor done or defective materials furnished, in the per.

-54-

formance of the agreement with the legislative body or the performance of the act.

(d) Costs and reasonable expenses and fees, including reasonableattorneys' fees.

66499.10. Where the security is conditioned upon the paymentto the contractor, his subcontractors and to persons furnishing labor,materials or equipment to them for the improvement or the perfonnance of an act and takes the form of a deposit of money or negotiable bonds, a suit to recover the amount due the claimant may bemaintained against the holder of such deposit. Where the securitytakes the form of a surety bond, or surety bonds, the right of recoveryshall be in a suit against the surety. Where the security takes the formof an instrument of credit, the cause of action shall be against thefinancial institution obligating itsclf on such instrrnnent of credit.

CHAPTER 6. REVERSIONS AND EXCLUSIONS

ARTICLE I. REVERSION TO ACREAGE66499.11. Subdivided real property may be reverted to acreage

pursuant to the provisions of this article.

66499.12. Proceedings for reversion to acreage may be initiatedby the legislative body on its own motion or by petition of all of theowners of record of the real property within the subdivision.

66499.13. The petition shall be in a form prescribed by the localagency and shall contain the following:

(a) Adequate evidence of title to the real property within thesubdivision.

(b) Sufficient data to enable ti,e legislative body to make all ofthe determinations and findings required by this article.

(c) A final map which delineates dedications which will not bevacated and dedications which are a condition to reversion.

(d) Such other pertinent information as may be required by thelocal agency.

66499.14. The legislative body may establish a fee for processingreversions to acreage pursuant to this article in an amount which willreimburse the local agency for all costs incurred in processing suchreversion to acreage. Such fee shall be paid by the owners at the timeof filing the petition for reversion to acreage, or if the proceedingsfor reversion to acreage are initiated by the legislative body on its ownmotion shall be paid by the person or persons requesting the legislativebody to proceed pursuant to this article before such initiation of proceedings.

66499.15. A public hearing shall be held on the proposed reversionto acreage. Notice thereof shall be given in the time and manner provided in Section 66451.3.

-55-

66499.16. Subdivided real property may be reverted to acreageonly if the legislative body finds that:

(a) Dedications or offers of dedication to be vacated or abandonedby the reversion to acreage are unnecessary for present or prospectivepublic purposes; and

(b) Either:(1) All owners of an interest in the real property within the sub

division have consented to reversion; or(2) None of the improvements required to be made have been

made within two years from the date the final or parcel map was filedfor record, or within the time allowed by agreement for completion ofthe improvements, whichever is the later; or

(3) No lots shown on the final map or parcel map have been soldwithin five years from the date such map was filed for record.

66499.17. As conditions of reversion the legislative body shallrequire:

(a) Dedications or offers of dedication necessary for the purposesspecified by local ordinance following reversion. .

(b) Retention of all previously paid fees if necessary to accomplishthe purposes of this division or local ordinance adopted pursuantthereto.

(c) Retention of any portion of required improvement security ordeposits if necessary to accomplish the purposes of this division oflocal ordinance adopted pursuant thereto.

66499.18. Reversion shall be effective upon the final map beingfiled for record by the county recorder, and thercnpon all dedications.and offers of dedication not shown thereon shall be of no furtherforce or effect.

66499.19. When a reversion is effective, all fees and deposits shallbe returned and all improvement security released, except those retained pursuant to Section 66499.17.

66499.20. A tax bond shall not be required in reversiou proceedings.

66499.20y.. A city or county may, by ordinance, authorize aparcel map to be filed under the provisions of this chapter forthe purpose of reverting to acreage land previously subdivided andconsisting of four or less contiguous parcels under the same ownership.Any map so submitted shall be accompanied by evidence of title andnonuse or lack of necessity of any streets or easements which afC tobe vacated or abandoned. Any streets or easements to be left in effectafter the reversion shall be adequately delineated on the map. Afterapproval of the reversion by the governing body or advisory agencythe map shall be delivered to the county recorder. The flli;;f ofthe map shall constitute legal reversion to acreage of the lan~fected thereby, and shall also constitute abandomnent of all streetsand easements not shown on the map. The filin of the rna shallalso constitute a mer cr of the se arate alce S Into one c r

-56-

pur oses of this eha ter and shall thereafter he shown as snch on theassessment ro su leet to e provisions of Section 6644:5. Except asprovided in subdivision (f) of Seetion 66445, on any pareel map usedfor reverting aereage, a eertifieate shall appear signed and acknowledged by all parties having any record title interest in the land beingreverted, consenting to the preparation and filing of the parcel map.


66499.20%. Suhdividcd lands may be merged and resubdividedwithout reverting to aereage by complying with all the applicable requirements for tl,e subdivision of land as provided by this division andany local ordinances adopted pursuant thereto. The filing of the finalrna or arcel rna shall constitute Ie al mer in of the se arate arce]smtD one parce an e resu division of such parcel, and the real prop..erty shall thereafter be shown with tl,e [lew lot or parcel boundaries onthe assessment roll. Any unused fees or deposits previously made pursuant to this division pertaining to the property shall be credited pro ratatowards any requirements for the same purposes which are applieableat the time of resubdivision. Any streets or easements to be left in effectafter the resubdivision shall be adequately delineated on the map. Afterapproval of the merger and resubdivision by the governing body oradvisory agency the map shall be delivered to the county reeorder.The filing of the map shall constitute legal merger and resubdivision ofthe land affected tllereby, and shall also constitute abandonment ofall streets and easements not shown on the map.


ARTICLE 2. EXCLUSIONS66499.21. The superior court of the county in which a subdivision

is situated maY' cause all or any portion of the real property includedwithin the boundaries of the subdivision to be excluded from suchsubdivison and the recorded map to be altered or vaeated, in accordanee with the procedures set forth in this article.

66499.22. A proeeeding for exclusion shall be initiated by filinga petition therefor in the offices of the county surveyor and countyclerk of the county in which the subdivision or the portion thereofsought to be excluded is situated. Such petition shall accurately anddistinctly describe the real property sought to be excluded by referenceto the recorded map or by any accurate survey, shall show the namesand addresses of all owners of real property in the subdivision orin the portion thereof sought to be excluded as far as the sameare known to the petitioners, and shall set forth the reasons forthe requested exclusion. The petition shall be signed and verifiedby the owners of at least two-thirds of the total area of the real property sought to be excluded.

66499.23. The petition shall be accompanied by a new map showing the boundaries of the subdivision as it appears after the exclusionand alteration, such new map to designate as numbered or letteredparcels those portions excluded and show the acreage of each suchparcel. If such map can be compiled from data available, an actual

-57-

field survey shall uot be required. If such map meets with the ap·proval of the county surveyor, a certificate by an engineer or surveyOlshall not be required.

66499.24. Upon the filing of a petition pursnant to this article,any judge of the superior court of the county in which the real prop·erty is situated shall make an order directiug the clerk of the courlto give notice of the filing of the petition. The notice shall be for once 3.

week for a period of not less than five consecutive weeks and shall begiven by publication in some newspaper of general circulation within thecounty, or if there is no newspaper published therein, by posting inthree of the principal places in tlle county; provided, that if such realproperty or any portion thereof is situated within a city, the noticeshall be given by publication in some newspaper of general circulation]within tlle city, or if there is no newspaper published therein, by post.;,ing in three of the principal places in the city. Such notice shall contain a statement of the nature of the petition together with a directionthat any person may file his written objection to the petition at any timebefore the expiration of the time of publication or posting. Upon expiration of the time of publication or posting, an affidavit showing suchpublication or posting shall be filed with the cieri, of the court.

66499.25. The court may, if no objection has been filed, proceedwithout further notice to hear the petition. If during the hearing thepetitioners produce to the court satisfactory evidence of the necessityof the exclusion of the real property, that the owners of two-thirds ofthe area of the real property sought to be excluded are the petitioners,and that there is no reasonable objection to making such exclusion,the court may proceed to exclude the real property sought to be excluded by the petition, and order the alteration or vacation of tI~e

recorded map, and enter its decree accordingly.

66499.26. If objection is made to the petition which, in the judgment of the court is material, the court shall proceed to hear such objection and may adjourn the proceedings to such time as may be necessary upon proper notice to the petitioners and the objectors.

66499.27. The exclusion of any real property or the alteration orvacation of any recorded map pursuant to this article shall not affector vacate the whole or any part of any public street or highway.

66499.28. A certified copy of the decree of the superior courtexcluding any real property or ordering the alteration or vacationany recorded map pursuant to this article shall be recorded in theoffice of the county recorder of the county in which such real propertyis situated. The county recorder shall make upon the face of any suchrecorded map a memorandum stating briefly that such recorded maphas been altered or vacated, whichever the case may be, and givingthe date and reference of such decree.

66499.29. At the time a certified copy of the decree of court isrecorded, a copy of the new map required by Section 66499.23 shallbe filed for record with the county recorder who shall file it in accordance with the provisions of Section 66466. A copy of the new

-58-

nap shall also be filed with the local agency. A reference to this maplhall be sufficient identification of the real property for reassessmentJurposes.

ENFORCEMENT AND JUDICIALREVIEW

PROHIBITION AND PENALTY

CHAPTER 7.

ARTICLE I.66499.30. (a) No person shall offer to sell or lease, to contract to

leU or lease, to sell or lease, or to finance any parcel or parcels of real~roperty or to commence constntction of any building for sale, lease)f financing thereon, except for model homes, or to allow occupancythereof, for which a final map is required by this division or local Of

finance, until such map thereof in full compliance with the provisions)f this division and any local ordinance has been filed for record bythe recorder of the county in which any portion of the subdivision islocated.

(b) No person shall sell, lease or finance any parcel or parcels ofreal property Of commence construction of any building for sale, leaseJf financing thereon, except for model homes, or allow occupancy there~

)f, for which a parcel map is required by this division or local ordinance,until such map thereof in full compliance with the provisions of thisdivision and any local ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located.

(c) Conveyances of any part of a division of real property forwhich a final or parcel map is required by this division or local ordinance shall not be made by parcel or block nnmber, initial or otherdesignation, nnless and until sucb map has been filed for record by therecorder of tbe county in which any portion of the subdivision is loeated.

(d) This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or soldor leased in compliance with or exempt from any law (including a localordinance), regulating the design and improvement of subdivisions ineffect at the time the subdivision was establislted.

66499.31. Any person who violates any provision of tbis divisionshall be gnilty of a misdemeanor.

ARTICLE 2. REMEDIES66499.32. (a) Any deed of conveyance, sale or contract to sell

real property which bas been divided, or which has resnlted from adivision, in violation of the provisions of this division, or of the provisionsof local ordinances enacted pursuant to tIus division, is voidable at thesole option of the grantee, buyer or person contracting to purchase, hisheirs, personal representative, or trustee in insolvency or bankruptcywithin one year after the date of discovery of the violation of tbe provisions of this division or of local ordinances enacted pursuant to theprovisions of this division, but the deed of conveyance, sale or contractto sell is binding upon any successor in interest of the grantee, buyer

-59-

or person contracting to purchase, other than those above enwneratedand upon the grantor, vendor, or person contracting to sell, or hilassignee, heir or devisee.

(b) Any grantee, or his snccessor in interest, of real properl:Jwhich has been divided, or wIlich has resulted from a division, irviolation of the provisions of this division or of local ordinance!enacted pursuant thereto, may, within one year of the date of dis;covery of such violation, bring an action in the superior court tfrecover any damages he has suffered by reason of such division ojproperty. The action may be brought against the person who dividedthe property in violation of the provisions of this division or of localordinances enacted pursuant thereto and against any successors ininterest WIlD have actual or constructive knowledge of such divisionof property.

The provisions of this section shall not apply to the conveyance of.any parcel of real property identified in a certificate of complianc'filed pursuant to Section 66499.35 or identified in a recorded finalmap or parcel map, from aud after the date of recording.

The provisions of this section shall not limit or affect in any waythe rights of a grantee or his successor in interest under any otheIprovision of law.

[Amended, Chapter 24, Statutes of 1975J

66499.33. This division does not bar any legal, equitable orsummary remedy to which any aggrieved local agency or other pub.lic agency, or any person, finn or corporation may otherwise be entitled, and any such local agency or other public agency, or suchperson, firm or corporation may file a suit in the superior court of thecounty in which any real property attempted to be subdivided 9r'sold, leased or financed in violation of this division is located, torestrain or enjoin any attempted or proposed subdivision or sale, leaseor financing in violation of this division.

. 66499.34. No local agency shall issue any pennit or grant anyapproval necessary to develop any real property which has beendivided, or wllich has resulted from a division, in violation of theprovisions of this division or of the provisions of local ordinancesenacted pursuant to this division if it finds that development of suchreal property js cQDtrary 10 tbe public healtb or the public safety. Theauthority to deny such a permit or such approval shall apply whetherthe applicant therefor was the owner of record at tl,e time of such violation or whether the applicant therefor is either the current ownerof record or a vemdee of the current owner of record pursuant to a con..tract of sale of the real property with, or without, actual or constructiveImowledge of tl,e violation at the time of the acquisition of his interest in such real property.

H a city or a county issues a permit or grants approval f<;tr thedevelopment of any such real ~tY., .it may impose those con...ditions that would have been applicable to the division of the propertyat the time the applicant acquired Ilis interest in such real property, andwIlich has been established at such time by tllis divisiOill or local ordinance enacted pursuant thereto. except that if a conditional cer-

-60-

tificate of compliance has been filed for record under the provISIOnsof subdivision (b) of Section 66499.35 only such conditions stipulatedin that certificate shall be applicable.


66499.35. (a) Any person owning real property or a vendee ofsuch person pursuant to a contract of sale of such real property may request, and a loeal agency shall determine, whether snch real propertycomplies with the provisions of this division and of local ordinances enacted pursuant thereto. Upon making such a determination the city orthe county shall cause a certificate of compliance to be filed for recordwith the recorder of the county in which the real property is located.The certificate of compliance shall identify the real property andshall state that the division thereof complies with applicable provisions of this division and of local ordinances enacted pursuant thereto. The local agency may impose a reasonable fee to cover the costof issuing and rccording the certificate of compliance.

(b) If a local agency determines that such real property does notcomply with the provisions of this division or of local ordinancesenacted pursuant thereto, it may, as a condition to granting a certificate of compliance, impose such conditions as would have beenapplicable to the division of the property at the time the applicant acquired his interest therein, and which had been established at suchtime by this division or local ordinance enacted pursU3lIlt thereto.Upon making such a determination and establishing such conditionsthe city or county shall cause a conditional certificate of complianceto be filed for record with the recorder of the coumty in which thereal property is located. Sueh ce:rtificate shall serve as notice to theproperty owner or vendee who has applied for the certificate putsuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfilhnent andimplementation of such conditions shall be required prior to subseqnent issuance of a permit or othe:r grant of approval for development of the property.

Compliance with such conditions shall not be required until suchtime as a pennit or other grant of approval for development of suchproperty is issued by the local agency.

(c) A ce:rtificate of compliance shall he issued for any realproperty which has heen approved for development pursuant to Section66499.34.

(d) A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real propertydescribed therein.


66499.36. Whenever a local agcncy has knowledge that real prop·erty has been divided in violation of the provisions of this divisionor of local ordinances enacted pursuant to this division, it shall causeto he filed for record with the recorder of the county in which thereal property is located, a notice of intention to record a notice of violation, describing the real property in detail, naming the owners there.

-61-

of, and describmg the violation, and stating that an opportunity willbe given to the owner to present evidence. Upon recording a notice ofintention to record a notice of violation, the local agency shall mail acopy of such notice to the owner of such real property. The 1l10tice shallspecify a time, date, and place at which the owner may present evidenceto the legislative body or advisory ageucy why such notice should notbe recorded. If, after the owner has presented evidence, it is detcnninedthat there has been no violation, the local agency shall record a releaseof the notice of intention to record a notice of violation with the countyrecorder. If, however, after the owner has presented evidence, the leg..islative body or advisory agency detennines that the property has infact been illegally divided, or if within 60 days of receipt of such copythe owner of such real property fails to inform the local agency of hisobjection to recording the notice of violation, the legislative body oradvisory agency shall record the notice of violation with the countyrecorder. The notice of intention to record a notice of violation andthe notice of violation, when recorded, shall be deemed to be constrnctive notice of the violation to all successors in interest in such property.The conoty recorder shall index the ll1ames of the fee owners in thegeneral index.


ARTICLE 3. JUDICIAL REVIEW66499.37. Any action or proceeding to attack, review, set aside,

void or annul the decision of an advisory agency, appeal board orlegislative body concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any·condition attached thereto, sl.a11 not be maintained by any personunless such action or proceeding is commenced and service of sum~

mons effected within 180 days after the date of such decision. Thereafter all persons are barred from any such action or proceeding orany defense of invalidity or unreasonableness of such decision or ofsuch proceedings, acts or determinations. Any such proceeding shaIItake precedence over all matters of the calendar of the court exceptcriminal, probate, eminent domain and forcible entry and unlawfuldetainer proceedings.

-62-

Documents

Subdivision Map Act - California Land Surveyors Associationcaliforniasurveyors.org/members/1980 SMA.pdf · SUBDIVISiON MAP ACT CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS ARTICLE