An advanced seminar the inherent inconsistencies and discrepancies of the subdivision map act can cause frequent problems in administration and interpretation. A desk reference covering californias subdivision laws and processes curtin, daniel j on. Box 9098, santa rosa, california 954059990 phone 707 5786016 fax 7075784406 email. 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. The subject of tentative map life for california land developers for singlefamily and multifamily projects is a matter covered primarily by the subdivision map act ca government code, title 7, division 2, which is generally updated annually based on new legislation coming out of sacramento. Introduction this is a citizens guide to land use planning as it is practiced in california. The bill amends one of the exclusions to the definition of subdivision for purposes of the new mexico subdivision act. California land surveyors association, san diego chapter, city staff, and others in the. The county of san diego violated the subdivision map act by approving residential development of land restricted to agricultural use under the williamson act when the development was neither closely related to nor necessary for agricultural use. Freeway a highway in respect to which the owners of abutting land have. A california option which was illegal because it violated. Click download or read online button to california subdivision map act and the development process book pdf for free now. Subdivision map act online manual lorman education.
Subdivision map act california land surveyors association. A a final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion. Tentative subdivision map the state subdivision map act authorizes local governmental agencies to regulate and control the design and development of subdivisions. Subdivision map act planning, zoning and development laws 2012 187 requirements are met. 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. A subdivision is defined as the division of any improved or unimproved land for the purpose of sale, lease, or financing. The subdivision map act and local relevant ordinances do not apply to the division of a parcel through a county assessors tax foreclosure sale. Section 66412 d, part of the california subdivision map act map act.
This division may be cited as the subdivision map act. The purpose of the map act is to suppress the value of land so that dot pays less when it eventually acquires it. The california subdivision map act authorizes local governmental. A subdivision also includes the conversion of a structure. Subdivision map act in california seminar in santa ana ca. Under a statute known as the map act, dot imposed a development moratorium on that land. This program looks to legal interpretation and practical experience in providing guidelines for effective practice. City and county of san francisco 20 coordinate system ccsfcs. The words state of california are not required in the subtitle. It is not a good idea, however, to simultaneously apply for a map act subdivision and condominium plan under davisstirling. San francisco subdivision code san francisco public works code san francisco administrative code. Regulation and control of the design and improvement of subdivisions are vested in.
The applicants for a parcel map or final map subject to this section shall be. In 19, the sma required that a surveyor prepare and certify the map. B no more than 49 percent of the shares in the project. Court of appeal rules that subdivision map act does not. Origin n early platting and subdivision regulations were to govern the recording of plats to ensure that proper land records were made when land was described and sold. Subdivisions for professionals building in california. Tips for using the subdivision map act to fight bad development. Tips for using the subdivision map act to fight bad. Bureau of engineering land development manual part d 407 d 211. Subdivision map act california legislative information. When does the vested right mature under the subdivision map act. Subdivision map act as amended january 1, 2002 sections 66410 to 66499. Subdivision map act and index consulting engineers and land surveyors of california on.
The subdivision map act sma, when enacted in 1893, consisted of just one page. The map act sits at the critical intersection between community land use planning and private real estate development, with subdivision maps serving both to ensure the proper design and improvement and to authorize the sale, lease, and financing of property. The california subdivision map act and the san diego county subdivision. Act and california streets and highways code sections 8300 through 8363. This case confirms the ministerial nature of lot line adjustments under the subdivision map act, and further acknowledges that the local public agency is the most appropriate entity as opposed to a challenger or the court to determine what is a ministerial action under ceqa. The filing of a map as specified in the subdivision map act and this article is required. 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. The examples discussed here represent common procedures or methods, but are by. The map act is not preemptive of all land use not preemptive of all land use regulation.
The last market downturn has resulted in subdivision map act sma cases involving circumstances in which the parties to a purchase or option agreement pertaining to a portion of a legal parcel failed to include express language as a contingency requiring compliance with the sma. The purchaser of one or both parts of a taxsale parcel is entitled to a certificate of compliance. No subdivision of williamson act land unless residential development is closely associated with agricultural use. Development of the parcel may require issuance of a permit or. A certificate of compliance is a method for the planning department to certify that a parcel of land was or was not created in compliance with the subdivision map act 1972 in effect at the time the parcel was divided. A tentative parcel map for a minor subdivision may be used to create up. Subdivision map act division 3 subdivision map act 66410. The amendment replaces wording that refers to the sale, lease or other conveyance of a single parcel from a tract of land with division of a tract of land into two parcels. California subdivision map act and the development process download california subdivision map act and the development process ebook pdf or read online books in pdf, epub, and mobi format. Policy of subdivision map act antiquated subdivisions what the map act applies to and doesnt lot line adjustment, deed cut, lot tie, merger mobile homes map act and real estate transactions tract map, parcel map, tentative map. Falcone the subdivision map act generally prohibits the sale of any parcel of real property for which a map is required, unless a. Within the subdivision map act map act, the processing of a mobilehome park conversion from rental to individual ownership invokes some of the more complex procedures, and from a local government perspective, potentially involves an application with a lot of emotional baggage. This chapter may be cited as the subdivision map act.
Subdivision map act excerpts from business and professions code chapter 2. 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. A california option which was illegal because it violated the subdivision map act, saved by an amendment. Each local agency shall, by ordinance, regulate and control. California subdivision map act part 1 california subdivision map act government code section 6641066499. Subdivision map act seminar sacramento, ca harrison. Right of way and land surveys california department of. The parcel described herein may be sold, leased, or financed without further compliance with the subdivision map act or any local ordinance enacted pursuant thereto. Subdivision map act state of california, government code sections 66410 et. Zoning is adopted by ordinance and carries the weight of local law. A desk reference covering californias subdivision laws and processes. Because both improvement and subdivision were forbidden, the land lost value and became difficult to sell, which was precisely the point. The subdivision map act is an essential to the regulation of land use by cities and counties throughout california.
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. Frh argued that without the conventional subdivision map, the city could not determine. Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. Avoiding common map act violations in realworld scenarios. This distinction is sometimes referred to as a subdivision. 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. Right of way and land surveys provides all of the real estate and land survey activities for caltrans in the delivery of our transportation projects and the stewardship of our assets. The county of san diego violated the subdivision map act by approving. What year was the california subdivision map act adopted. Download pdf california subdivision map act and the.
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