General Provisions and DefinitionsDefinitions
Section § 66414
This section clarifies that the definitions provided in this article apply solely to this division of the law. They do not influence or change any other legal provisions outside of this division.
Section § 66415
An "advisory agency" is an official or group responsible for examining and reporting on plans to divide property. They set conditions for these plans or have the power, based on local laws, to approve or reject maps of property divisions.
Section § 66416
An 'appeal board' is a group or official body that listens to appeals about decisions related to how real property is divided. This includes reviewing conditions or requirements set on the property or the style and extent of any proposed designs or improvements suggested or decided by an advisory agency.
Section § 66416.5
This law explains who can perform city engineering and land surveying tasks in a city. A 'city engineer' is the person authorized to do city engineering tasks. If there's a city surveyor role, they may handle the surveying part.
Civil engineers who registered after 1982 cannot handle surveying maps unless they are authorized land surveyors or registered civil engineers before 1982. These tasks must be done by someone qualified under the Professional Land Surveyors or Engineers Act.
City engineers can assign land surveying tasks to a qualified land surveyor. If the city has no authorized surveyor, the city engineer may hire one to complete these functions.
Section § 66417
This section defines who can perform certain surveying duties if there's no county surveyor. If a county doesn't have a county surveyor, the county engineer can step in, but only if they meet specific criteria. County engineers who registered as civil engineers after January 1, 1982, are not allowed to handle surveying maps and documents. Only those authorized under the Professional Land Surveyors Act or civil engineers who registered before that date under the Professional Engineers Act can do this work.
Section § 66418
"Design" in this context refers to various physical aspects of a subdivision's plan. It includes street layouts, drainage, utilities, easements, fire safety roads, lot sizes, traffic access, and grading. Additionally, it encompasses land for parks and other requirements to ensure that the subdivision aligns with local planning regulations.
Section § 66418.1
This section defines 'development' in the context of land use, referring to how the land will be used, the buildings that will be constructed, and any changes made to the land or related construction activities.
Section § 66418.2
This law section defines what an 'environmental subdivision' is in terms of land designated for biotic and wildlife purposes. It outlines several conditions that must be met for such a subdivision to be approved by local agencies. This includes confirming that factual biotic or wildlife data supports the subdivision, ensuring perpetual maintenance of the land as a habitat, and recording an easement to enforce these conditions.
The land must be at least 20 acres unless it is part of a larger combined area. Once recorded, abandoning an environmental subdivision can only occur if no parcels are sold, used for mitigation, or the easement is extinguished. The section applies only if the landowner requests it at the time of division and does not restrict other lawful environmental mitigations.
Section § 66419
This section defines what "improvement" means in the context of land development. It includes any necessary street work and utilities that a land developer (subdivider) must install, or plan to install, on property intended for public or private streets and easements. These improvements are necessary before the final map of the subdivision can be approved. Additionally, it includes any other specific improvements needed to align with the area's general or specific plans, which could be installed by various entities including public agencies or private utilities.
Section § 66420
In this law, a "local agency" refers to any city or county, or both combined, within the state.
Section § 66421
"Local ordinance" means a local law created by a local government's legislative body that oversees how subdivisions are designed and improved. These local rules must align and not conflict with the broader regulations outlined in this division or any earlier laws.
Section § 66422
Section § 66423
This law defines a "subdivider" as anyone or any group, like a company or partnership, that plans to split a piece of property into smaller parts, called a subdivision. However, if someone is just working for one of these groups, like an employee or a consultant, they are not considered a subdivider.
Section § 66424
The term "subdivision" refers to the process of dividing land into smaller parts, whether the land is developed or not, for the purpose of selling, leasing, or financing it. This includes land separated by roads or utilities and covers projects like condominiums, community apartments, and conversions of multiple units into stock cooperatives.
Section § 66424.1
This law ensures that land can be subdivided into smaller parcels multiple times by the land owner or someone who buys the land, without waiting for county records to be updated to reflect the new subdivisions. It prohibits local governments from banning repeated subdivision by either the original owner or subsequent buyers, although they can still impose conditions or requirements on these subdivisions.
Section § 66424.5
Subsection (a) explains that a 'tentative map' is a preliminary layout designed to illustrate the planning and improvements of a proposed subdivision, as well as the current state of the surrounding area. It doesn't need to be based on a thorough property survey.
Subsection (b) describes a 'vesting tentative map' as one that fulfills the basic criteria of a tentative map and also adheres to specific additional requirements outlined in another section (Section 66452).
Section § 66424.6
This law deals with how certain portions of land can be managed when subdividing property. A subdivider can either designate a 'remainder' portion of land that isn't being divided or simply leave it out entirely. If a remainder is designated, this land isn't counted as a parcel for the purposes of needing a map, and its development requirements, like construction and fees, can be delayed until development is approved. However, these requirements might need to be fulfilled earlier if necessary for public health and safety or the development of the area. If the land is just omitted, similar rules apply, but without the early construction requirement. These deferral privileges don’t apply if the land is within a special assessment district. Lastly, remainders or omitted parcels can be sold later without needing additional maps, although local agencies might ask for a certificate of compliance.