Subdivision Map Act

Local agencies regulate subdivision design and improvements through ordinances. They must address grading, erosion control, and sedimentation prevention. Regulations for some subdivisions cannot be more restrictive than those requiring tentative and final maps.

The division does not apply to apartment/commercial space leasing, mineral leases, cemetery dedications, lot line adjustments between four or fewer parcels, and various renewable energy/utility projects.

Parcels created before March 4, 1972, with fewer than five lots are presumed lawfully created if no local ordinance regulated such divisions at that time.

"Subdivision" means the division, by any subdivider, of any unit or portion of land shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.

"Subdivision" includes a condominium project, as defined in section 4125 of the Civil Code, or a community apartment project.

A final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

(a) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body, or

(b) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, or

(c) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths, or

(d) Each parcel created by the division has a gross area of not less than 40 acres.

(a) A parcel map shall be required for subdivisions for which a final map is not required pursuant to subdivision (a), (b), (c), or (d) of Section 66426.

(b) A parcel map shall be required for a subdivision creating four or fewer parcels, including a remainder, unless the local agency by ordinance specifically exempts such a subdivision from the parcel map requirements.

(c) A parcel map shall be waived for subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the Public Utilities Code, if all parcels created are 20 or more acres in size.

(a) A subdivider shall file a tentative map, or a vesting tentative map as provided for in Article 5.5 (commencing with Section 66498.1), with the local agency.

(b) The tentative map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor, and shall be based on a survey made under the direction of a registered civil engineer or licensed land surveyor.

The approval or conditional approval of a tentative map shall expire 24 months from its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months.

However, the legislative body may, by ordinance, provide for the extension of the expiration of tentative maps for up to a total of 72 months from the original approval.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

The legislative body of a local agency may, by ordinance, require the dedication of real property within the subdivision for street and alley purposes, including access rights and abutters' rights, local transit facilities, drainage, public utility easements, and for other public purposes.

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 a condition to the approval of a tentative map or parcel map.

Only the payment of fees may be required in subdivisions containing 50 parcels or less.

The amount of land dedicated, or fees paid, shall be based upon the density of the proposed subdivision and upon the park and recreational needs of the community as determined by the legislative body.

All monuments shown on the final map shall be set in the locations shown. Monuments may be set prior to recordation, or the subdivider may agree to set them at a later date. If monuments are to be set after recordation, a bond shall be filed with the local agency to guarantee the setting of the monuments.