Section § 66414

Explanation

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.

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

Section § 66415

Explanation

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.

“Advisory agency” means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps.

Section § 66416

Explanation

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.

“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, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required.

Section § 66416.5

Explanation

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.

(a)CA Government Code § 66416.5(a) “City engineer” means the person authorized to perform the functions of a city engineer. The land surveying functions of a city engineer may be performed by a city surveyor, if that position has been created by the local agency.
(b)CA Government Code § 66416.5(b) A city engineer registered as a civil engineer after January 1, 1982, shall not be authorized to prepare, examine, or approve the surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).
(c)CA Government Code § 66416.5(c) Nothing contained in this provision shall prevent a city engineer from delegating the land surveying functions to a person authorized to practice land surveying. Where there is no person authorized to practice land surveying within the city or agency, nothing shall prevent the city engineer from contracting with a person who is authorized to practice land surveying to perform the land surveying functions.

Section § 66417

Explanation

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.

(a)CA Government Code § 66417(a) “County surveyor” includes county engineer, if there is no county surveyor.
(b)CA Government Code § 66417(b) A county engineer registered as a civil engineer after January 1, 1982, shall not be authorized to prepare, examine, or approve the surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).

Section § 66418

Explanation

"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.

“Design” means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan as required pursuant to Section 66473.5.

Section § 66418.1

Explanation

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.

“Development” means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.

Section § 66418.2

Explanation

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.

(a)CA Government Code § 66418.2(a) “Environmental subdivision” means a subdivision of land pursuant to this division for biotic and wildlife purposes that meets all of the conditions specified in subdivision (b).
(b)CA Government Code § 66418.2(b) Prior to approving or conditionally approving an environmental subdivision, the local agency shall find each of the following:
(1)CA Government Code § 66418.2(b)(1) That factual biotic or wildlife data, or both, are available to the local agency to support the approval of the subdivision, prior to approving or conditionally approving the environmental subdivision.
(2)CA Government Code § 66418.2(b)(2) That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation.
(3)CA Government Code § 66418.2(b)(3) That an easement will be recorded in the county in which the land is located to ensure compliance with the conditions specified by any local, state, or federal agency requiring the mitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are compatible, the local agency shall consider requiring the easement to contain a requirement for the joint management and maintenance of the resulting parcels. This reservation shall not be inconsistent with the purposes of this section and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land.
(4)CA Government Code § 66418.2(b)(4) The real property is at least 20 acres in size, or if it is less than 20 acres in size, the following conditions are met:
(A)CA Government Code § 66418.2(b)(4)(A) The land is contiguous to other land that would also qualify as an environmental subdivision.
(B)CA Government Code § 66418.2(b)(4)(B) The other land is subject to a recorded perpetual easement that restricts its use to a biotic or wildlife habitat, or both.
(C)CA Government Code § 66418.2(b)(4)(C) The total combined acreage of the lands would be 20 acres or more.
(D)CA Government Code § 66418.2(b)(4)(D) Where the biotic or wildlife habitat, or both, are compatible, the land and the other land will be jointly managed and maintained.
(c)CA Government Code § 66418.2(c) Notwithstanding subdivision (a) of Section 66411.1, any improvement, dedication, or design required by the local agency as a condition of approval of an environmental subdivision shall be solely for the purposes of ensuring compliance with the conditions required by the local, state, or federal agency requiring the mitigation.
(d)CA Government Code § 66418.2(d) After recordation of an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage pursuant to Chapter 6 (commencing with Section 66499.11) if the local agency finds that all of the following conditions exist:
(1)CA Government Code § 66418.2(d)(1) None of the parcels created by the environmental subdivision has been sold or exchanged.
(2)CA Government Code § 66418.2(d)(2) None of the parcels is being used, set aside, or required for mitigation purposes pursuant to this section.
(3)CA Government Code § 66418.2(d)(3) Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished.
(e)CA Government Code § 66418.2(e) If the environmental subdivision is abandoned and reverts to acreage pursuant to subdivision (d), all local, state, and federal requirements shall apply.
(f)CA Government Code § 66418.2(f) This section shall apply only upon the written request of the landowner at the time the land is divided. This section is not intended to limit or preclude subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes.

Section § 66419

Explanation

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.

(a)CA Government Code § 66419(a) “Improvement” refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.
(b)CA Government Code § 66419(b) “Improvement” also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

Section § 66420

Explanation

In this law, a "local agency" refers to any city or county, or both combined, within the state.

“Local agency” means a city, county or city and county.

Section § 66421

Explanation

"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.

“Local ordinance” refers to a local ordinance regulating the design and improvement of subdivisions, enacted by the legislative body of any local agency under the provisions of this division or any prior statute, regulating the design and improvements of subdivisions, insofar as the provisions of the ordinance are consistent with and not in conflict with the provisions of this division.

Section § 66422

Explanation
A 'certificate of exception' is a special approval for dividing land in Los Angeles County, given under certain conditions between September 22, 1967, and March 4, 1972. This certificate had to comply with the relevant land division laws at that time.
“Certificate of exception” means a valid authorization to subdivide land, issued by the County of Los Angeles pursuant to an ordinance thereof, adopted between September 22, 1967, and March 4, 1972, and which at the time of issuance did not conflict with this division or any statutory predecessor thereof.

Section § 66423

Explanation

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.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”

Section § 66424

Explanation

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.

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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 or 6542 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in of Section 4190 or 6566 of the Civil Code.

Section § 66424.1

Explanation

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.

Nothing in Section 66424 shall prevent a purchaser of a unit of land created under the provisions of this division or a local ordinance enacted pursuant thereto, from subdividing the land one or more times, pursuant to the provisions of this division prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided.
Nothing contained in this chapter shall prevent the same subdivider of a unit of land created under the provisions of this division, or a local ordinance enacted pursuant thereto, from making consecutive subdivisions of the same parcel or any portion thereof.
Further, local agencies shall not, by ordinance or policy, prohibit consecutive subdivision of the same parcel or any portion thereof either by the same subdivider or a subsequent purchaser because the parcel was previously subdivided.
Nothing contained in this section shall limit the authority of a local agency to impose appropriate conditions or requirements on the consecutive subdivisions.

Section § 66424.5

Explanation

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).

(a)CA Government Code § 66424.5(a) “Tentative map” refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.
(b)CA Government Code § 66424.5(b) “Vesting tentative map” refers to a map which meets the requirements of subdivision (a) and Section 66452.

Section § 66424.6

Explanation

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.

(a)CA Government Code § 66424.6(a) When a subdivision, as defined in Section 66424, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. If the subdivider elects to designate a remainder, the following requirements shall apply:
(1)CA Government Code § 66424.6(a)(1) The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.
(2)CA Government Code § 66424.6(a)(2) For a designated remainder parcel described in this subdivision, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the local agency or, where provided by local ordinance, until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the local agency. In the absence of that agreement, a local agency may require fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the local agency that fulfillment of the construction requirements is necessary for reasons of:
(A)CA Government Code § 66424.6(a)(2)(A) The public health and safety; or
(B)CA Government Code § 66424.6(a)(2)(B) The required construction is a necessary prerequisite to the orderly development of the surrounding area.
(b)CA Government Code § 66424.6(b) If the subdivider elects to omit all or a portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing, the omitted portion shall not be counted as a parcel for purposes of determining whether a parcel or final map is required, and the fulfillment of construction requirements for offsite improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development is issued on the omitted parcel, except where allowed pursuant to paragraph (2) of subdivision (a).
(c)CA Government Code § 66424.6(c) The provisions of subdivisions (a) and (b) providing for deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assessment district or community facilities district.
(d)CA Government Code § 66424.6(d) A designated remainder or any omitted parcel may subsequently be sold without any further requirement of the filing of a parcel map or final map, but the local agency may require a certificate of compliance or conditional certificate of compliance.