The subdivision map act has potential implications for individuals who are financing, leasing or selling real estate in the state of california. Click download or read online button to california subdivision map act and the development process book pdf for free now. California government code, the professional land surveyors act, and the city of san diego land development code ldc. Subdivision map act sma beginning at section 66410 of the. This distinction is sometimes referred to as a subdivision. It enables cities and counties to pass ordinances regulating subdivisions so that an orderly and. Guide or tentative tract map subdivision tentative. The map act is not preemptive of all land use not preemptive of all land use regulation. A parcel or final map shall be required as follows. The parcel map or tract map is the instrument that actually divides the property. All subdivision maps are prepared in accordance with the.
Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion. California subdivision map act part 1 california subdivision map act government code section 6641066499. Generally, residential subdivisions and planned communities must be approved by a city or county zoning authority, depending upon the. Subdivision map act as amended january 1, 2002 sections 66410 to 66499. Avoiding common map act violations in realworld scenarios. Subdivisions and other public controls 447 subdivision regulation is one of the major legislative and administrative tools for implementing the general plan. No final or parcel map required by government code or local ordinance which creates a subdivision shall be filed with the local agency without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in the state subdivision map act. Regulation and control of the design and improvement of subdivisions are vested in.
Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. The two basic california subdivision laws are the subdivision map act government code sections 66410, et seq. Minor subdivisions are governed by the subdivision map act california government code, section 55410, et. The state subdivision map act authorizes local governmental agencies to regulate and control the design and development of subdivisions. A parcel map or tract map must conform to and incorporate all of the tentative parcel or tract map conditions and must also comply with the standards for parcel maps or tract maps as. More coverage, more peace of mind subdivision map act.
Many issues under the sma are avoidable if the developer, its attorneys, consultants and others involved on their behalf make sure to understand the smas role in the development process and its pitfalls throughout. Court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development permit to allow construction of infrastructure improvements court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development. In the event of any conflicts between the provisions of this subdivision ordinance and the map act, the map act shall govern. Subdivision means the means the divisiondivision, by any, by any subdivider, of any unit or units of improved or subdivider, of any unit or units of improved or. In the event of any conflicts between the definitions of this subdivision ordinance and the map act, the map act shall govern. Stg subdivision map act endorsement guideline 1 20086. The practical approach to this discussion will make the light bulb go off, and leave you much more confident when dealing with the california subdivision map act. Tentative map tentative parcel map guide pdf city of del mar.
Tips for using the subdivision map act to fight bad development. The california subdivision map act authorizes local governmental. Learn key provisions of the map act, how it is applied in planning and development processes, recent legislative changes and new legal interpretations. This law, called the subdivision map act, has become.
Planning, zoning, and development laws 2011 edition. Map act section numbers provided in references to the map act are for the convenience of readers. In summary, provisions of the 1974 subdivision map act became effective march 1, 1975, and provisions of sb 39 chapter 24, statutes of 1975, which amended the 1974 subdivision map act, became effective april 4, 1975. Sep 07, 2017 home court of appeal rules that subdivision map act does not require city to determine legal status of lots created by older map before approving development permit to allow construction of infrastructure improvements. The subdivision map act is a comprehensive, statewide statute governing the subdivision of land in california. The county of san diego violated the subdivision map act by approving residential development of land restricted to agricultural use under the. To provide public infrastructure, facilitate development, and deliver services that protect and enhance the lives of the people of kern county. Subdivision ordinance and the map act, the map act shall govern. Learn how to navigate through current subdivision procedures and avoid common problems along the way. Learn key provisions of the map act, how it is applied in planning and development processes, recent legislative changes and new legal interpretations from court decisions and attorney general opinions. This coverage applies if you cannot close a sale, secure a loan or obtain a building permit because the land was improperly subdivided prior to purchase. Whereas, the subdivision map act requires the owner or subdivider to execute and file with the clerk of the board of supervisors hereinafter, clerk security for the payment of certain taxes and assessments as specified below before the final subdivision map may be recorded. Section 11535 of the california business and professions code, the subdivision map act at that time, amended the definition of subdivision to include condominiums condos of five.
For all divisions not defined below, a deed or contract of sale is required. This manual is part of the city of san diego land development manual and is the approved. Download pdf california subdivision map act and the. This fullday workshop has been organized and formatted to include an introductory component for the next generation of engineers planners surveyors in both the public agency and private consultant sector to learn more about the effective use of the subdivision map act, discussing the responsibilities and powers of local agencies under the act, as well as particular issues regarding when. Subdivision map act california land surveyors association. Each local agency shall, by ordinance, regulate and control. This chapter discusses the subdivision laws and related controls. For the purposes of this subdivision, the term subdivision or resubdivision shall be defined to include, but not limited to, the definition in the subdivision map act division 2 commencing. It was subsequently enacted by the legislature and signed by the governor, as an urgency statute, on april 4, 1975, becoming law. Tips for using the subdivision map act to fight bad. A minor subdivision is a division of land into four 4 or fewer parcels. Subdivision map act division 3 subdivision map act 66410.
Dpw website shall refer to the internet page maintained by the department of public. Thus, the subdivision map act does not restrict a municipal utility districts authority to require an easement as a condition of providing water service to a residential lot on a newlysubdivided parcel. The filing and approval of a parcel map chapter 19. Subdivision map act seminar sacramento, ca harrison. Hills broad based experience in land development on the private side and his policy making experience from the county surveyor side create a powerful perspective. Subdivision map act in california ondemand webinar lorman. The company hereby affirmatively insures the insured against loss the insured shall sustain in the event that the first alternative. Subdivision map act and ventura county subdivision ordinance relating to requirements for the preparation of tract and parcel maps as well as changes in the professional land surveyors act and board rules relating to records of survey and corner records. This publication may contain summaries of complex and specific laws and regulations.
Court of appeal rules that subdivision map act does not. Bureau of engineering land development manual part d 407 d 211. For conversions that involve tentative maps, the converter is required to give certain notices to tenants. The survey is a retracement of lines shown on a subdivision map, record of survey, parcel map or official map of record, where no material discrepancies with such records are found and sufficient recorded monumentation is found to establish the. Subdivided lands act california coastal commcommnn v. Repeals subdivision map act and provides comprehensive revi sion of procedures for approval of subdivisions. Subdivision map act in california ondemand webinar. Minor subdivision application are also known as tentative parcel maps. The subdivision map act is the california state law relevant to subdivision of real property, according to orange county law firm garrett defrenza stiepel ryder llp. As a result, sb 39 was introduced during the 197576legislative session to permit the necessary amendments to be made. Subdivision instructions and forms permit sonoma county. Subdivision ordinance and the subdivision map act, developer will furnish and deliver to city, within the times set forth below, the following surety bonds, each of which must be issued by a agreement.
Californias subdivision map act sma is one of the most litigated areas of development in california. The subdivision map act california government code division 2. A subdivision or lot split is the legal division of any parcel into two or more lots for the purpose of sale, lease or financing, but may also include the conversion of structures into condominiums. Aug 12, 2008 the ranch argued that the subdivision map act sma in 1915 authorized cities and counties to regulate design and improvement, thus potentially validating a subdivision map under the grandfather statute gov code, 66499. The first thing to do after thoroughly reading this guide is to obtain the necessary forms. As a result, the map filing act of 1929 was enacted, and was superseded by what is currently known as the state subdivision map act. Subdivision map act requirements, subdivided lands law, and related matters. The sma requires local agencies to adopt regulations for the. The subdivision map act is contained in california government code section 66410, et. No final or parcel map required by government code or local ordinance which creates a subdivision shall be filed with the local agency without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in. Explore both local agency and subdivider viewpoints and discuss legal and practical solutions. A water district is not subject to the same vesting rights as a local agency under the subdivision map act. This endorsement is issued periodically in connection with the owners or loan policy. Act, liens and foreclosures of the owners property are permitted.
Box 9098, santa rosa, california 954059990 phone 707 5786016 fax 7075784406 email. Stg subdivision map act endorsement guideline 1 explanation. This division may be cited as the subdivision map act. The loan and owners policy exclude loss by reason of preexisting violation of subdivision laws and regulations. Numbers may be superseded by more recent map act amendments.
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